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| From: | SP52948 owner |
|---|---|
| To: | Solicitor Adrian Mueller |
| Subject: | Re: SP52948 (CTTT File No. SCS 12/32675) |
| Date: | 15/4/13, 8:55 pm |
Hello,
The loss of documents is not my problem, nor can I comment about what happened with them at the Strata Agency.
It happened to me several times and I had to pay for various documents from my own pocket at the CTTT (yours included, on 27 February 2013). You declined to respond to my email sent on 29 January 2013. My email had Subject line:
HIGH-PRIORITY REQUEST AUTHORISED BY CTTT [Re: MISSING SUBMISSIONS FROM RESPONDENT: Hearing for SCS 12/32675 in 2013]
In regards to your submission by Monday next week, the following evidence and copies are required (I know that they do not exist, but I will eagerly wait for anyone to be brave to forge them now):
* Agenda for the alleged EC meeting held on 9 July 2012 and the proof that it was sent to all owners in the complex;
* Minutes of this EC meeting held on 9 July 2012 and the proof that they were distributed to all owners in the complex;
* Proof that owners were asked to vote for Solicitor's engagement at a general meeting once the costs or estimates went above $12,500.00 (pretty much it had to happen in July 2012 because apart from the Cost Agreement on 16 July there was also expense of around $2,500.00 beforehand);
* Agenda for the EC meeting at which it was approved to extend engagement of the Solicitor (that was actually done by private actions of one EC member and the Strata Manager on 7 December 2012) and the proof that it was distributed to all owners in the complex;
* Minutes of the EC meeting at which it was approved the extended engagement of the Solicitor on 7 December 2012 and the proof that they were distributed to all owners in the complex;
* Evidence that owners received Tribunal orders in December 2012 about this Hearing at any time before the vague, ill-conceived paper EC meeting held on 28 March 2012;
* Proof that the owners received information about the names of the EC office bearers (Secretary, Treasurer, Chairperson) since the AGM 2012 (17 October 2012). No minutes of any meeting since then provided such information. That was requested from the Strata Manager FIVE TIMES and he declined so far. Not having the office bearers means we have a dysfunctional EC too and I can certainly prove it.
* Proof that the owners know about the size of the Solicitor's expenses so far (not via the new web access that is still unknown to most owners, but via any minutes of the EC meetings). In fact, last week I issued the request to the Strata Manager and the Secretary (unknown person so far!) to explain where are the legal costs hiding in the balance sheet for period 1 September 2012 and 28 February 2013 (see attachment).
Since the CTTT denied me the procedural fairness and natural justice to issue summons last month, I will ask you to communicate the following to the members of the EC. The below-listed people can either attend the Hearing in May on their own will, or I will re-issue the request for summons for the following people to attend in person and provide some statements and answers affirmed in the presence of the Tribunal member.
On Mon, 2013-04-15 at 17:19 +1000, Adrian Mueller wrote:
The strata manager of the owners corporation has not instructed me that he has received the folder containing your evidence and submissions concerning the owners corporation’s application for you to pay its costs of your CTTT appeal.
Therefore, please send me the folder containing your evidence and submissions by 18 April 2013 in accordance with Deputy Chairperson Harrowell’s directions made today.
Yours Faithfully,
Adrian Mueller
Solicitor
J.S.Mueller & Co.