NSW Civil Tribunal Rendered Strata Laws Void and Useless
Audience is anyone who might be interested in problems with strata schemes in NSW...This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere.
Public is voicing concerns about issues with strata complexes and quality of services provided by those who should enforce laws:
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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 (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless.
CTTT/NCAT actively supported Solicitor Adrian Mueller’s predictive behaviour, contempt of court, falsified documents, and insurance claims in two CTTT/NCAT cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings:
Waratah Strata Management undisclosed plan to Supreme Court for premeditated legal costs claims for Solicitor Adrian Mueller confirming that Lot 158 requests were completely ignored on 16 October 2020:
Solicitor Adrian Mueller lied to NCAT in his only three-page submission on 18 January 2021 which was prepared a month earlier on 14 December 2020 (he was well informed that access to all evidence was provided to committee members and strata manager, but they chose to ignore it since 25 September 2020):
He failed to disclose that Waratah Strata Management gave the Solicitor instructions to review all Lot 158 files (including website) on 23 October 2020, which Solicitor Adrian Mueller ignored:
Solicitor Adrian Mueller failed to disclose that Waratah Strata Management ignored Lot 158 request to allow all owners to access evidence in NCAT case SC 20/33352, SCS 12/32675, and SCS 12/560460 since 25 September 2020 (this was presumably Mr. Robert Crosbie's approach to "democracy"):
- Solicitor Adrian Mueller, committee members, and Waratah Strata
Management stayed silent and did not offer any assistance to NCAT
in regards to complaints (backed by evidence on secure website)
about Solicitor Adrian Mueller on 1 February 2021:
SP52948-Lot-158-letter-to-NCAT-20-33352-concerns-about-Solicitor-Adrian-Mueller-1Feb2021
- Solicitor Adrian Mueller received this email on 27 February
2022, which he ignored.
SP52948-Lot-158-cost-submission-reply-ignored-by-Solicitor-Adrian-Mueller-in-Supreme-Court-27Feb2022
The alleged approval by Waratah Strata Management was done two days before committee meeting, which was non-compliant with strata laws.
- Tribunal ignored voluminous concerns and irrefutable evidence of repetitive misconduct of Solicitor Adrian Mueller in NCAT case 20/33352 in April 2021
Tribunal member Sarginson was well aware of errors of law when evidence is ignored by the Tribunal, as listed in Ashlin-v-The-Owners-Strata-Plan-No-50705-2021-NSWCATAP-413-21-December-2021 where he said:
The above decision directly contradicts his own errors of law in NCAT case SC 20/33352 he conducted where he ignored evidence because the Respondent failed to show up at the Hearing in spite of four-month advance notice:
Coerced Tribunal he was legal representative of strata plan SP52948 (Respondent) without offering evidence of valid procedure for his Standard Costs Agreement or legally-compliant meetings of Respondent,
Suggested to Respondent use of insurance claims for his legal costs,
Sent secret defamation threats to Applicant (SP52948 owner) before two Tribunal Hearings as an attempt of intimidation and deterrent,
Prevented Applicant’s Motion for Annual General Meetings,
Had direct knowledge of Applicant being denied to access strata documents, in spite of paid document searches and evidence of being legal member of the committee,
Did not comply with Tribunal orders at Directions Hearings to submit evidence of behalf of Respondent (Solicitor Adrian Mueller failed to comply with Tribunal orders six times whilst not authorised to represent owners corporation in period 2012 to 2021),
Accessory to four falsified versions of Standard Costs Agreement in CTTT case SCS 12/32675,
Prevented Respondent (committee members, and strata managers from BCS Strata Management and Waratah Strata Management) from attending Hearings in SCS 12/32675 and SC 20/33352, and coerced Tribunal to ignore Applicant’s evidence due to Respondent’s absence,
Actively supported threats (even death threats) to Applicant, without taking actions to prevent such behaviour,
Brought no evidence at Hearings whilst denying/refuting Applicant’s statements without offering any files to counter their claims,>/p>
Co-operated with Respondent to submit false insurance claims for his legal costs (four claims) in CTTT SCS 12/32675 in GST exclusive amount of $24,919.31 in 2012/2013 and undisclosed insurance claim in NCAT case SC 20/33352 in GST exclusive amount of $19,758.14 in March 2022,
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,
Had full knowledge of non-compliant general and ordinary meetings of SP52948,
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,
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 committee meetings in 1018, 2019, 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),
Prevented Police, CTTT/NCAT, Fair Trading NSW, Office of Legal Services Commissioner, District Court, and Supreme Court from access to Respondent’s files and his alleged correspondence with Respondent.
Failed to refute any claims made by an owner in Affidavit at District Court in case 13/360456 and coerced the Judge to ignore owner's evidence:
District-Court-case-13-360456-Lot-158-Affidavit-ignored-by-Solicitor-Adrian-Mueller-4Feb2014.pdf
Failed to refute any claims made by an owner in Statutory Declaration for NCAT case SC 20/33352 and coerced Tribunal to ignore owner's evidence:
CTTT/NCAT refused to issue summonses to BCS Strata Management and committee members in case CTTT SCS 12/32675 in spite of overwhelming evidence of fraud:
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Tribunal-ignored-voluminous-concerns-and-irrefutable-evidence-of-repetitive-misconduct-of-Solicitor-Adrian-Mueller-in-NCAT-case-20-33352-Apr2021
Tribunal member Sarginson is well aware of errors of law when evidence is ignored by the Tribunal, as listed in Ashlin-v-The-Owners-Strata-Plan-No-50705-2021-NSWCATAP-413-21-December-2021 where he said:
The above directly contradicts his own errors of law in NCAT case SC 20/33352 he conducted where he ignored evidence because the Respondent failed to show up at the Hearing in spite of four-month advance notice:
