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| From: | SP52948 owner |
|---|---|
| To: | sc.enquiries@justice.nsw.gov.au, SCO - Costs Assessment (Shared Mailbox) costsassessment@justice.nsw.gov.au |
| Subject: | POLITE INQUIRY - PART 1 Supreme Court advice on subpoena for Solicitor Adrian Mueller to provide evidence for 2022/00070683 |
| Date: | 22/6/22, 21:21 |
Attention of "The Manager, Costs Assessment"
Good evening,
Executive Summary (sent in two parts due to email size)
In spite of significant evidence provided by us, Cost Assessor made decision for us to pay alleged legal costs of Solicitor Adrian Mueller for NCAT case SC 20/33352 in amount of $23,744.72 (GST excl). That is in addition to Cost Assessor's own expenses we already paid in amount of $2,821.50 (GST incl).
For us to pay $23,744.72 of which $19,758.14 was already paid by
insurance company, not only means same legal costs for Solicitor
Adrian Mueller would be recovered by SP52948 two times, but as
well these legal costs are not valid as they are based on
Solicitor Adrian Mueller's misconduct and false statements.
Before we make an assessment if it is worth submitting an Application for Review of the case, to make our case robust, we need to obtain access to strata files which Solicitor Adrian Mueller and Waratah Strata Management refused to provide both to us (in spite of paid document search as per SSMA 2015 SSMA 2015 Section 182) but to Supreme Court Cost Assessor, NCAT, and OLSC as well.
Is Supreme Court, in the interests of justice, willing to subpoena Solicitor Adrian Mueller and Waratah Strata Management to provide access to files as listed in attachment "20220608-ACCESS TO MISSING DOCUMENTS AND PROPOSAL TO SETTLE_ SP52948 and Lot 158 on 8Jun2022-1843.pdf"?
The alternative would be for us to initiate slow process of mediation at Fair Trading NSW (which SP52948 will reject, as done several times in the past), and then we would be forced to open NCAT case for access to documents - a process taking at least several months.
Action
1. In spite of significant evidence provided by us, Cost Assessor
made decision for us to pay alleged legal costs of Solicitor
Adrian Mueller for NCAT case SC 20/33352 in amount of $23,744.72
(GST excl).
Her decision was made without having any evidence of:
2. Validity of Annual General Meeting 2020 that allegedly approved engagement of Solicitor Adrian Mueller in NCAT case SC 20/33352.
In our submission, we included significant amount of evidence that proves Lot 158 did everything humanely possible to reason with Solicitor Adrian Mueller and SP52948 without courts.
Attachment "20201021-IMMEDIATE RESPONSE REQUESTED for Lot 158
demands dated 24Apr2020-1254.pdf" proves that Solicitor Adrian
Mueller even ignored alleged SP52948 orders to respond to Lot 158
Solicitors (O'Brien Criminal & Civil Solicitors). Solicitor
Adrian Mueller silently dismissed repeated Lot 158 request.
3. Validity of committee meetings in 2020, 2021, and 2022 (none of them were SSMA 2015 and SSMR 2016 compliant), which allegedly approved Solicitor Adrian Mueller's pursuit of legal costs at Supreme Court.
4. Unredacted emails sent/received by Solicitor Adrian Mueller in NCAT case SC 20/33352.
Staff of Solicitor Adrian Mueller is even engaged in destroying
documents without reading. Who examples dated 24 March 2022 and 9
May 2022 ar in attachments:
"20220324-Not read_ SECOND RESPONSE_ Lot 158 -v- SP52948 - NSW Civil & Administrative Tribunal File No. SC 20_33352 - Service of Costs Assessment Application & Bill of Costs (JSM 37289) on 27Feb2022-40938.html"
"20220509-Not read_ OLSC case CAS005901 - Request for Solicitor
Adrian Mueller to respond with evidence on 8Feb2022-41422.html"
6. Six different versions of Solicitor Adrian Mueller's costs,
including costs for alleged defamation that were NOT PART of NCAT
case and not legally approved by SP52948.
7. Why Solicitor Adrian Mueller started Supreme Court cost recovery against Lot 158 when knowing that costs were already recovered through insurance claims in amount of $19,758.14 (GST excl), but declined to inform Supreme Court Cost Assessor about it.
Insurance paid SP52948 amount of $19,758.14 for six invoices
containing alleged legal services by Solicitor Adrian Mueller,
which were also requested from Lot 158 (myself) through fraudulent
claim by Solicitor Adrian Mueller at Supreme Court. In
essence, SP52948 wanted to recover legal costs two times for the
same expenses ("double jeopardy for cost claims"):
11/12/2020 Inv# 101676 $8,833.00 (GST inclusive)
3/02/2021 Inv# 102134 $2,434.90 (GST inclusive)
11/02/2021 Inv# 102255 $5,413.54 (GST inclusive)
6/05/2021 Inv# 103514 $3,337.12(GST inclusive)
9/06/2021 Inv# 104085 $2,089.39 (GST inclusive)
12/07/2021 Inv# 104547 $726.00 (GST inclusive)
The following attachment provide brief evidence of secret
insurance claims that Solicitor Adrian Mueller refused to provide
to Supreme Court Cost Assessor:
"SP52948-undisclosed-plan-to-Insurance-company-and-Supreme-Court-for-Solicitor-Adrian-Mueller-legal-costs-claims-16Oct2020.webp"
"SP52948-undisclosed-plan-to-Insurance-company-and-Supreme-Court-for-Solicitor-Adrian-Mueller-legal-costs-claims-25Mar2022.webp"
"SP52948-undisclosed-plan-to-Insurance-company-and-Supreme-Court-for-Solicitor-Adrian-Mueller-legal-costs-claims-item-3-25Mar2022.webp"
"SP52948-six-versions-of-Solicitor-Adrian-Mueller-costs-NCAT-case-20-33352-and-secret-insurance-claims-undisclosed-to-Supreme-Court-by-Solicitor-Adrian-Mueller.webp"
"Solicitor-Adrian-Mueller-involvement-in-legal-costs-recovery-from-insurance-NCAT-case-20-33352.webp"
"CAS006791_1-Part-9-Questions-on-Validity-of-Solicitor-Adrian-Mueller-Legal-Cost-Items-NCAT-20-33352.pdf"
8. Why Waratah Strata Management initiated insurance claims AFTER the renewal of premiums in October 2020, in spite of knowledge of pending NCAT case as early as July 2020.
9. Why Solicitor Adrian Mueller did not even have proper name for
female owner of Lot 158, thus initiating Supreme Court
cost recovery by using INVALID first and last name for her. In
spite of allegedly reading two versions of Lot 158 Statutory
Declaration (her full name was on the first line and repeated
eight times in paragraph 66).
Impact
10. For us to pay $23,744.72 of which $19,758.14 was
already paid by insurance company, not only means same
legal costs for Solicitor Adrian Mueller would be recovered by
SP52948 two times, but as well these legal costs are not valid as
they are based on Solicitor Adrian Mueller's misconduct and false
statements.
11. Waratah Strata Management was requested to reimburse
insurance company for the full amount of $19,758.14 on 8 June
2022. Refer to attachment "20220608-ACCESS TO MISSING DOCUMENTS
AND PROPOSAL TO SETTLE_ SP52948 and Lot 158 on 8Jun2022-1843.pdf".
No response was received and it appears insurance company was not
notified. SP52948 Balance Sheet today still lists the insurance
payment as income.
12. On 20 June 2022, we repeatedly warned insurance
company of this double-cost recovery scheme. No response
was received.
Desired Outcome
My wife and myself are exhausted by lack of justice so far. The costs, threats (including anonymous death threats), vilification, continuous stalking of my wife, exposure to ridicule - all because I uncovered serious strata mismanagement in our complex and extreme misconduct of Solicitor Adrian Mueller.
13. Three attachments show to what extremes Solicitor Adrian Mueller is prepared to go to prevent investigations against him:
"SP52948-evidence-submitted-to-NCAT-Supreme-Court-and-OLSC-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2017.pdf"
"SP52948-evidence-submitted-to-NCAT-Supreme-Court-and-OLSC-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2018.pdf"
"SP52948-evidence-submitted-to-NCAT-Supreme-Court-and-OLSC-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2020.pdf"
14. We have enough evidence that costs incurred by Solicitor
Adrian Mueller are mostly falsified, with direct intention to make
profit for himself and prevent me from enforcing strata laws in
our complex. If Supreme Court (or anyone else) wants the
irrefutable evidence, we can provide it.
15. Before we make an assessment if it is worth submitting an Application for Review of the case, to make our case robust, we need to obtain access to strata files which Solicitor Adrian Mueller and Waratah Strata Management refused to provide both to us (in spite of paid document search as per SSMA 2015 SSMA 2015 Section 182) but to Supreme Court Cost Assessor, NCAT, and OLSC as well.
Is Supreme Court, in the interests of justice, willing to subpoena Solicitor Adrian Mueller and Waratah Strata Management to provide access to files as listed in attachment "20220608-ACCESS TO MISSING DOCUMENTS AND PROPOSAL TO SETTLE_ SP52948 and Lot 158 on 8Jun2022-1843.pdf"?
We would appreciate Supreme Court's comments.
Regards,
PS. Solicitor Adrian Mueller created dangerous precedence in two
CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on
Australian legal system, allow other parties to use as valid
defence:
16. Coerced Tribunal he was legal representative of SP52948
without offering evidence of valid procedure for his Standard
Costs Agreement or legally-compliant meetings,
17. Suggested to SP52948 use of insurance claims for his legal
costs,
18. Sent secret defamation threats to Lot 158 before two Tribunal Hearings as an attempt of intimidation and deterrent (both threats were baseless),
19. Prevented Lot 158 Motions at Annual General Meetings which included requests for Solicitor Adrian Mueller to assist Police and Office of Legal Services Commissioner - thus preventing 218 owners to force solicitor to action),
20. Had direct knowledge of Lot 158 being denied to access strata documents, in spite of paid document searches and evidence of being legal member of the committee and knowingly lied to CTTT/NCAT and District Court in 2012, 2013, 2014, and 2021,
21. Did not comply with Tribunal orders at Directions Hearings to submit evidence of behalf of SP52948 (Solicitor Adrian Mueller failed to comply with Tribunal orders six times whilst not authorised to represent owners corporation in period 2012 to 2021),
22. Prevented SP52948 committee members and strata managers from attending Hearings and coercing Tribunal to ignore Lot 158 evidence due to "committee members and strata managers absence",
23. Actively supported threats (even death threats) to Lot 158, without taking actions to prevent such behaviour,
24. Brought no evidence at Hearings and denied/refuted all Lot 158 irrefutable statements (without offering any files to counter their claims),
25. Co-operated with SP52948 to submit insurance claims for his legal costs (four claims) in CTTT SCS 12/32567 in GST exclusive amount of $24,919.31 in 2012/2013 and insurance claim in NCAT case SC 20/33352 in GST exclusive amount of $19,758.14 in March 2022,
26. Directly responsible for preparing falsified evidence in Statutory Declaration for CTTT on behalf of BCS Strata Management Peter Bone on 19 April 2013, and had full knowledge of false statements by Peter Bone in Affidavit to District Court case 2013/360456 on 31 January 2014, and not providing any evidence in Affidavit by Solicitor’s receptionist for case SC 20/33352 dated 8 February 2022,
27. Coerced Tribunal to enforce costs recovery from Applicant without approval of SP52948 at any legally-convened meeting, whilst being accessory to insurance claims as back-up option for his legal costs,
28. Attempted to justify non-compliant committee meetings dated 8 July 2012, 19 April 2013 (scheduled for 26 March 2013 and brought forward as time-warped event), and all meetings in 2020, 2021, and 2022 (CTTT dismissed Solicitor’s claims and declared meetings 8 July 2012 and 19 April 2013 ineffective in their decision in SCS 12/32675 on 6 November 2013),
29. Prevented Police, CTTT/NCAT, Fair Trading NSW, Office of
Legal Services Commissioner, District Court, and Supreme Court
from access to SP52948 files and his alleged correspondence.
The following attachment provide brief evidence of misconduct of Solicitor Adrian Mueller in CTTT case SCS 12/32675 and NCAT case SC 20/33352 that Supreme Court Cost Assessor ignored:
"Strong-case-for-Solicitor-Adrian-Mueller-being-accessory-before-and-after-insurance-fraud-five-times-CTTT-12-32675-and-NCAT-20-33352.pdf"
"Six versions of Solicitor Adrian Mueller alleged costs and undisclosed insurance claims in NCAT case SC 20 33352-Jun2022.pdf"
"PARAGRAPH-70-SP52948-Solicitor-Adrian-Mueller-failed-to-comply-with-Tribunal-orders-six-times-whilst-not-authorised-to-represent-owners-corporation-in-period-2012-to-2021.pdf"
