| From: | SP52948 owner |
|---|---|
| To: | Hussein Elachkar Barrister |
| Subject: | REQUEST Your Standard Costs Agreement for defamation case with strata plan SP52948 in November 2020 |
| Date: | 28/6/22, 13:49 |
Dear Mr. Elachkar,
This is an unsolicited email, sent in good faith.
Executive Summary
It appears you were involved in alleged defamation case against us, and were paid $1,218.75 on 23 November 2020.
On 13 August 2020, Waratah Strata Management sent email to
Solicitor Adrian Mueller listing "unknown" barrister who was
initially involved in alleged defamation case:
Waratah Strata Management provided these figures in the Agenda
for Annual General Meeting in October 2021 on pages 14 to 17 (for
account code 153200), which include costs not related to NCAT case
20/33352 (preventing our Motions at AGM 2020 and fourth defamation
attempt which was not approved by owners corporation, never
achieved its alleged goal, and wasted owner’s funds). Mr. Elachkar
was allegedly paid on 23 November 2020:
We requested 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. Last effort to seek their co-operation was on 8 June 2022.
There are very complex investigations that are underway, and you are accidentally dragged into them (which include our strong allegations of insurance frauds, threats, intimidation, contempt of court by Solicitor Adrian Mueller, false statements and forged document provided to courts by Solicitor Adrian Mueller, refusal by Solicitor Adrian Mueller to Assist OLSC, Police, and courts, and much more).
Desired Outcome
Your help is sought to respond to the following questions:
1. On which date you were approached to be engaged for alleged defamation case against us and by whom (an unredacted document would be appreciated)?
2. Were you the barrister who was supposed to respond to requests
by O'Brien Criminal & Civil Solicitors (on our behalf), as
listed in minutes of committee meeting dated 7 May 202:
3. On which date you submitted Standard Costs Agreement and who
approved it (note that so far, no owner has receive copy of your
costs agreement and it is hidden from all owners and investors)? A
copy of your Standard Costs Agreement would be appreciated.
4. On which date you submitted alleged documents with analysis of the defamation case (an unredacted copy of the document would be appreciated)?
What was the nature of your advice to Solicitor Adrian Mueller on
topics of defamation case?
5. Are you aware of irrefutable evidence that Waratah Strata Management contract (including its current version) with SP52948 was signed three times by unfinancial owners who were illegal to vote or be elected on the executive committee, making all decision made by Waratah Strata Management exposed to serious litigation:
- Waratah Strata Management and Solicitor Adrian Mueller declined to inform owners and investors, Fair Trading NSW, NCAT, Supreme Court, and insurance company that any owner who did not pay all levy arrears, including 10% simple interest per each year of outstanding debt, before any meeting (including Annual General Meetings and Extraordinary General Meetings) is not allowed to vote or be elected on the executive committee – Waratah Strata Management contract dated 14 December 2016 was signed by two unfinancial owners Mr. Moses Levitt and Stan Pogorelsky without competitive tender or disclosure of contract details.
- Waratah Strata Management and Solicitor Adrian Mueller declined to inform owners and investors, Fair Trading NSW, NCAT, Supreme Court, and insurance company that any owner who did not pay all levy arrears, including 10% simple interest per each year of outstanding debt, before any meeting (including Annual General Meetings and Extraordinary General Meetings) is not allowed to vote or be elected on the executive committee – Waratah Strata Management contract dated 14 December 2016 was signed by two unfinancial owners Mr. Moses Levitt and Stan Pogorelsky without competitive tender or disclosure of contract details.
- Waratah Strata Management and Solicitor Adrian Mueller
declined to inform owners and investors, Fair Trading NSW, NCAT,
Supreme Court, and insurance company that any owner who did not
pay all levy arrears, including 10% simple interest per each
year of outstanding debt, before any meeting (including Annual
General Meetings and Extraordinary General Meetings) is not
allowed to vote or be elected on the executive committee –
Waratah Strata Management contract dated 24 October 2017 was
signed by two unfinancial owners Mr. Moses Levitt and Stan
Pogorelsky without competitive tender or disclosure of contract
details.
6. Are you aware that your work for alleged defamation case against us was never approved by owners corporation at any legally compliant general meeting?
7. Are you aware that SP52948, with Solicitor Adrian Mueller, attempted four times to scare us and deter from investigations:
6 September 2012 (attempt by Solicitor Adrian Mueller to prevent us from proceeding with CTTT case SCS 12/32675, claimed payment for his legal costs from from owners corporation insurance). Solicitor Adrian Mueller’s activities related to CTTT case SCS 12/32675 and 12/50460 through illegal representation of owners corporation and defrauding owners corporation in amount of $62,218.77 (GST inclusive) by November 2014, which resulted in four insurance claims for non-existent “Defence of Lot 3” in amount of $24,919.31 ($367.64 on 31 August 2012, $12,714.65 on 7 December 2012, $1,320.00 on 26 April 2013, and $10,517.02 on 4 June 2013), false statements to Office of Legal Services Commissioner in case 41366 in 2013, insurance premium increase above 60% in 2012 due to high risk legal claims, preparation of false statements in strata manager’s Statutory Declaration to CTTT on 19 April 2013, and preparation of strata manager’s Affidavit to District Court in February 2014),
- 20 June 2019 (Solicitor Adrian Mueller used his own “Unreasonable Communications” Special By-Law to prevent us from reporting problems with strata management, whilst ignoring conflict of interest due to Police Event E65804633 and Office of Legal Services Commissioner case 56561),
- 17 October 2019 (premeditated attempt by Solicitor Adrian Mueller to force us to sign Deed of Agreement for alleged defamation of Uniqueco Property Services, Waratah Strata Management, and committee members). Undeclared Admin Fund balance sheet on 17 October 2019 (day of Annual General Meeting), when Solicitor Adrian Mueller was allegedly approved to spent up to $150,000.00 in defamation case against the Costs Respondent, had a negative balance of $131,852.25. Unnamed barrister and Solicitor Adrian Mueller tried to force the Costs Respondent into Deed under duress and failed in all attempts. In financial statements for FY 2020 (1 September 2019 to 31 August 2020), in spite of extensive legal involvement, Waratah Strata Management reported only $2,940.00 for legal costs in audited accounts, which is an impossible amount considering daily rates for barristers and senior legal professionals,
- 21 October 2020 (attempt by Solicitor Adrian Mueller to
prevent us from proceeding with NCAT case SC 20/33352). Balance
in Admin Fund had $1,019.14 whilst three days later on 31
October 2021 they had negative balance of $120,210.65. Solicitor
Adrian Mueller eventually claimed $19,758.14 for SP52948 for his
work through insurance claim and, at the same time, requested
same invoices to be paid by us through Supreme Court!
These are valid questions not only for the investigations, but also every owner and investor in the complex.
Your help would speed up the processes. Eventually, we will get
those documents and answers through other methods if forced.
Regards,