Welcome to the blog of NSW strata investigative journalism
From: | SP52948 owner |
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To: | Moses Levitt, Stan Pogorelsky, Upali Aranwela, John Gore, Jeffery Wang, Thomas Karolewski |
Subject: | Fwd: UPDATE - LOT 158 REQUESTS TO SETTLE COSTS IGNORED BY SOLICITOR ADRIAN MUELLER AND SP52948 NCAT File No. SC 20/33352 - 2Feb2022 |
Date: | 3/2/22, 21:26 |
Good evening,
You are requested to share this information with all owners. NCAT
was notified as well.
a) Lot 147 failed to return private property (folder in NCAT case
20/33352) as he was not part of the Hearing.
Subject: | UPDATE - LOT 158 REQUESTS TO SETTLE COSTS IGNORED BY SOLICITOR ADRIAN MUELLER AND SP52948 NCAT File No. SC 20/33352 - 2Feb2022 |
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Date: | Wed, 2 Feb 2022 18:08:32 +1100 |
From: | SP52948 owner |
To: | NCATCCDSydney |
a) Solicitor Adrian Mueller and SP52948 failed to respond to repeated attempts to deal with alleged costs in NCAT case 20/33352.
The email sent to them on 19 July 2021 has been ignored by
them.
b) Another attempt to communicate with SP52948 was on 31 August 2021. No response was received.
c) Third attempt to communicate with SP52948 was on 27 October 2021. No response was received.
d) Solicitor Adrian Mueller and SP52948 have not responded to O'Brien Criminal & Civil Solicitors dated 24 April 2020 (attachment "Lot15824April.pdf"). It is coming close to two years that the request is outstanding.
In addition to those questions, Lot 158 seeks all
correspondence from/to Solicitor Adrian Mueller for the last
seven years in regards to his effort to threaten us with alleged
defamation cases, which never succeeded but caused significant
costs. The defence of qualified privilege cannot be successful
if it can be proved by the plaintiff that the defamation was
motivated by malice, which can easily be proven.
Recent case confirmed it:
Counsel for the state Alan Sefton argued the messages between
Mr McGowan and Mr Quigley should not be disclosed under legal
privilege, but Justice Michael Lee said their texts were mainly
about political strategy.
“It’s not exactly the sort of communication, which one would
ordinarily characterise as the provision of legal advice,” he
said.
The premier and Mr Quigley subsequently discussed Mr Palmer’s
arbitration over a stalled mining project.
“I just don’t think I can reach a level of satisfaction that
that communication was made for the dominant purpose of
obtaining or providing legal advice,” Justice Lee said.
e) In the meantime, since we have absolute proofs that
Solicitor Adrian Mueller lied and prevented CTTT/NCAT/District
Court/Police/Office of Legal Services Commissioner in their
investigations in cases SCS 12/32675, 12/50460, and SC 20/33352
whilst not legally approved to represent owners corporation, we
opened case CAS005901 with Office of Legal Services Commissioner
and notified to Fair Trading NSW in reference number 10793260.
Stalking, attempts to intimidate, and harassment of Lot 158
continued (more comprehensive details of attempts to intimidate,
threat, stalk, harass, expose to ridicule, and discriminate
against Lot 158 (including anonymous death threats in 2012 and
2013) with direct knowledge of strata agencies, Solicitor Adrian
Mueller, and committee members (in most cases, they refused CCTV
access for Police investigations, or claimed the recordings were
overwritten) were provided to NCAT and OLSC.
This event will have to be thoroughly investigated, in spite of all attempts to ignore it in the past:
Timeline of events for anonymous death threat in 2013:
We offer assistance to bring to justice the Respondent and Solicitor Adrian Mueller for repeated efforts to pervert course of justice, abuse court processes, and cause significant costs.
f) CHU Insurance rejected claim for legal costs of Solicitor Adrian Mueller in first quarter of 2021, which was confirmed in agenda for Annual General Meeting in October 2021.
g) Financial status of SP52948 is having serious problems and
owners are not notified about it. Some of previous and very
recent issues:
On 1 August 2012, strata manager secretly changed the
insurance policy for the complex and then made four claims for
“legal costs”:
$367.64 on 31 August 2012
$12,714.65 on 7 December 2012
$1,320.00 on 26 April 2013
$10.517.02 on 4 June 2013
The claims were for “legal defence of Lot 3” in CTTT
case that did not exist in regards to this owner.
Four years later, in March 2017, CHU Insurance forced owners corporation to repay $8,800.00.
They should have claimed the full amount, but they did not have all evidence of the case, which we do now.
h) Due to lack of funds, lot of repairs are are delayed, including above mentioned 10-Year Capital Works Fund.
For Lot 158, smoke alarms were suddenly replaced only on 2 October 2021, many years after they had expired and had been deemed faulty in annual fire safety assessments.
At present, repair of water leaks on ceiling near light fitting in Lot 158 is still outstanding, presenting serious fire and OH&S risks.
Attachment
"SP52948-extract-from-EC-meeting-ignoring-Lot-158-repeated-complaints-about-fire-safety-and-other-maintenance-29Apr2021.webp"
shows extract from committee meeting on 29 April 2021 where Lot
158 concerns about safety are ignored.
Attachment "SP52948-waratahstrata.com.au-website-Maintenance-Open-Work-Orders-page-1-30Jan2022.webp" taken from Waratah website on 30 January 2022 confirms number of outstanding repairs for more than a year (some even several years old).
i) SP52948 was reminded about costs Lot 158 incurred for document searches where BCS STrata Management and as of 2017 Waratah Strata Management failed to provide access to many documents:
16Nov2011 $154.00 Document search at BCS Strata Management
7Nov2012 $132.00 Document search at BCS Strata Management
28Feb2012 $72.00 Document search at CTTT
7Mar2013 $33.00 Document search at BCS Strata Management
11Mar2013 $172.80 Document search at BCS Strata Management
11Sep2013 $45.00 Document search at BCS Strata Management
15Oct2013 $45.00 Document search at BCS Strata Management
18Oct2013 $32.00 Document search at BCS Strata Management
16Feb2016 $164.80 Document search at BCS Strata Management
16Feb2016 $3.40 Document search at BCS Strata Management
15Jun2017 $61.05 Document search at Waratah Strata Management
13Jun2019 $212.85 Document search at Waratah Strata Management
13Jun2019 $2.75 Document search at Waratah Strata Management
26Sep2019 $234.30 Document search at Waratah Strata Management
29Mar2020 $2,200.00 O’Brien Criminal & Civil Solicitors
demand for strata files sent to Waratah Strata Management
27Jul2020 Request to committee members
31Jul2021 Request to committee members
21Oct2020 Request to Solicitor Adrian Mueller
19Jul2021 Request to Solicitor Adrian Mueller
27Oct2021 Request to committee members and Waratah Strata
Management
Regards,
Lot 158
Good morning Solicitor Mueller,
CC: NCAT
BCC: Five members of the executive committee and two strata managers at Waratah Strata Management
Many thanks for the generous letter and offer to settle alleged costs incurred by you in NCAT case SC 20/33352.
The Applicant, as always, welcomes opportunity to discuss and settle the costs once their validity is established.
The Applicant's three options for costs have been prepared and they will be submitted once some details are clarified.
To avoid any unnecessary expense, the Respondent is requested to provide the following UNREDACTED evidence in electronic form (Covid-19 restrictions justify it):
- Copy of signed Standard Costs Agreement for engagement in NCAT 20/33352.
- Copy of email or proof of letter that Solicitor Adrian Mueller received a formal authorization to represent owners corporation in NCAT 20/33352. Legally, it would have to be done straight after the general meeting on 22 October 2020 so that the Respondent prepared their evidence for complying with Directions Hearing orders dated 25 September 2020.
- Copy of AUDITED detailed income and expenditure report for period 1 September 2019 to 31 August 2020. Economos signed the audited accounts on 3 November 2020, 12 days after the Annual General Meeting, in non-compliance with STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 95 and STRATA SCHEMES MANAGEMENT REGULATION 2016 – REG 21).
- Copy of detailed income and expenditure statement for period 1 September 2020 to 19 July 2021 (today), which include proofs of payments to Solicitor Adrian Mueller.
- Copies of emails related to SUU insurance claim listed in Solicitor's invoice 103514 dated 6 May 2021 (as per attachment "Solicitor-Adrian-Mueller-extract-from-invoice-103514.webp"). SUU declined to quote insurance renewal in 2012 due to SOlicitor Adrian Mueller's high risks (refer to attachments).
- Copies of emails related to NCAT communications listed in Solicitor's invoice 103514 dated 6 May 2021 (as per attachment "Solicitor-Adrian-Mueller-extract-from-invoice-102134.webp").
It is in interest of the Respondent to be prompt and provide requested files (as per attachments and the Respondent's commitment to owners corporation in Minutes of committee meeting on 7 May 2020).
The Applicant is eagerly awaiting your response, which must be shared with NCAT.
Regards,
On 12/7/21 3:13 pm, Adrian Mueller wrote: