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| From: | SP52948 owner |
|---|---|
| To: | Bruce Copland, ex-Chairperson of SP52948 |
| Subject: | FINAL Letter of Demand on 8May2022 |
| Date: | 8/5/22, 15:42 |
Good afternoon,
Sent without prejudice.
If you wish not to be contacted any longer, please confirm it.
Your wish will be addressed promptly but will not stop other
actions.
Through this email, the following is being requested:
Approval to publish, in unredacted form, and without any
personal comments (to avoid any theoretical possibility of
alleged defamation), this email and two other attachments
related to you in regards to SP52948. It is in public interest
to know, especially all owners and investors in the complex.
Legal approval was obtained from District Court (see below) and from another defamation lawyer. Nobody saw any danger of defamation, so unless you can offer strong evidence-based objection, this email and the attachments shall be published.
It is in YOUR interest to respond and also offer assistance to
Police and Office of Legal Services' investigations. That is
expected from any law-abiding citizen.
1) Email to your lawyers at Tresscox on 24 June 2020, with 66 attachments of unredacted evidence documenting Mr. Copland's actions when he was Chairperson of SP52948 Executive Committee.
In the email, the following was said in conclusion:
I made many attempts to reason with committee members and the service providers to provide evidence to all owners that they were not involved in any kind of mismanagement and show that my statements were not factual if such evidence exists. EC members and the service providers refused do it.
In reality, there are three conditions that, when present in varying degrees, increase the risk of fraud and need to be verified if suspicions exist (whenever we asked for files, we were either rejected access, or the files that we obtained showed proofs to be strongly concerned and worried):
(1) the pressure to commit fraud,
(2) the opportunity to commit fraud, and
(3) the rationalization of committing the fraud.
As good law-abiding citizens, each person:
has duty to provide information to inform the owners, investors, and public to make informed decisions.
has duty to uphold the laws and prevent financial and other abuses (including even physical threats).
has duty to enforce all people be treated equally and fairly.
has duty speak up about injustice and protect free speech and allow everybody to be put under equal scrutiny.
Mobile devices, and the internet, have infiltrated every aspect of our lives. Customers use online reviews to determine whether or not a product or service deserves their money.
Competition watchdog, the ACCC, says as many as three quarters of all social media users say they read online reviews before making a purchase.
Whilst other investigations are ongoing, I believe it is in public interest to educate others and make efforts to improve strata laws in NSW (they are very weak, dubious, and easy to manipulate).
In due course of time, I intend to publish a book and/or on internet events described herewith.
District Court will be presented with my request to allow publishing of files related to Mr. Copland (some of them enclosed herewith). It goes without saying that, since free speech is not allowed in this allegedly democratic country, no personal comments with be made in the publishings - it will be up to public to form their opinions based on submitted evidence.
Tresscox did not respond.
It appears Mr. Copland did not take any actions, or voiced
concerns, or refuted submitted evidence.
2) On 6 March 2022, District Court (Sydney Civil Registry) confirmed to us that they had no objections to our request to publish unredacted files related to Mr. Bruce Copland.
3) Mr. Bruce-Copland and BCS Strata Management were reported in Police Event E59750519 dated 18 November 2015 for their conduct in what is alleged to be misappropriation of owners funds for Strata Plan SP52948, acting as premeditated accessories in four fraudulent insurance claims in 2012 and 2013, and deliberate and misleading information to CTTT and Fair Trading NSW.
Both parties offered no assistance to Police.
4) Police report on serious fraud for Strata Plan SP52948 - Crime
Stoppers Reference CAS-729649-W6P0 on 25 July 2017. Visit to
Chatswood Police station on 10 September 2017. E65804633 opened on
14 September 2017.
Mr. Bruce Copland and BCS Strata Management were listed as persons of interest.
Both parties offered no assistance to Police.
5) Email to Mr. Copland dated 7 October 2020 with 5 attachments.
Evidence confirms that Solicitor Adrian Mueller illegally
represented SP52948 in Fair Trading NSW case SM12/1537JR
(compulsory mediation as prerequisite for CTTT SCS 12/50460), CTTT
case SCS 12/50460, and CTTT case SCS 12/32675, and continued to
act to protect own interests and interest of selective members of
SP52948 committee and strata managers at BCS Strata Management
(lost contract with strata plan in 2016) and Waratah Strata
Management (since 1 February 2017).
Evidence satisfied "on the balance of probabilities" requirements
and "beyond reasonable doubt" requirements for both civil and
criminal prosecution.
Mr. Copland did not respond.
Mr. Copland did not offer any assistance to NCAT, Fair Trading NSW, and Office of Legal Services Commissioner.
6) Email to Mr. Copland dated 10 February 2022 with 13 attachments.
Mr. Copland did not respond.
Mr. Copland did not offer any assistance to NCAT, and Office of
Legal Services Commissioner.
Your response is welcome.
Good morning,
Sent without prejudice.
If you wish not to be contacted any longer, please confirm it. Your wish will be addressed promptly but will not stop other actions.
In October 2020 you were kindly approached to help with Police and NCAT investigations, which, through silence to respond, is taken as your refusal.
Through this email, the following is being requested:
a) Approval to publish, in unredacted form, and without any personal comments (to avoid any theoretical possibility of alleged defamation), any email and document that is related to you in regards to SP52948. The publishing can be in any media we prefer: newspapers, TV, online, owners in the complex, and so on. It is in public interest to know for obvious reasons.
If you want advanced notification of each publishing, that can be provided.
Note that we do not need to ask for such permission as it is not necessarily Lot 158 who would do it, so the Deed between Mr. Copland and Lot 158 does not apply.
If you do not respond to this request, legal approval will be requested from court anyway (along with emails sent to you as evidence of attempts to reason).
b) Your help is requested for civil and criminal prosecution of Solicitor Adrian Mueller, in events you were directly involved with (as witness and collaborator) for these financial losses:
- On 4 July 2012, owners corporation had no funds to pay $14,056.90 which was approved by strata manager Paul Banoob for creditor code 69633, so BCS Strata Management secretly ordered injection of $50,000.00 from an MBL account (several days later, at alleged committee meeting in Lot 181 unit, who was unfinancial at the time, approved engagement of Solicitor Adrian Mueller without owners corporation knowledge - that meeting was later found out to be completely illegal and to this day agenda and minutes of the meeting do not exist in strata files). 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.Solicitor Adrian Mueller confirmed it to CTTT on 26 October 2012 after lying to CTTT at Hearing that Lot 3 was overseas and coerced the Tribunal to strike out the orders (attachment "faxcoversheet-SCS-12-32675-False-Statement-for-Order-4-Hearing-19Oct2012.pdf").
Four years later, in March 2017, CHU Insurance forced owners corporation to repay $8,800.00, which thanks to grace of some committee members, you were made aware and we have evidence of it.
- Solicitor Mr. Adrian Mueller was engaged 14 times in period March 2012 and September 2016 without
disclosure of expenses in any financial statement given to owners corporation at general meetings,
Solicitor Mr. Adrian Mueller was paid by SP52948 in amount of $63,318.77 (GST included).Two reports by the Office of Legal Services Commissioner, dated 31 May 2013 and 13 June 2013 were not disclosed by BCS Strata Management and committee members to owners corporation.
- Due to fact that two insurers declined to quote in 2012 (one due to repetitive water-related problems which actually introduced $10,000.00 excess for each and every water-leak damage or exploratory work, and the other due to high legal risks), SP52948 was forced to pay for insurance premiums to
Gallagher Australia on 21 September 2012 in amount of $84,414.77, which was 74.38% higher than in September 2011.
- Lot 158 paid alleged penalty in amount of $26,500.00 based solely on Mr. Peter Bone's Statutory declaration which was fully prepared and organized by Solicitor Adrian Mueller.
- Lot 158 paid $2,737.90 to Chambers Russell Lawyers for unnecessary case in District Court where, again, the Solicitor's defence was based on false Statutory Declaration by Mr. Peter Bone and false statements by Mr Peter Bone in his Affidavit.
- $851.56 was secretly spent on courier expenses for sending handful of files by Solicitor Adrian Mueller to CTTT on 19 April 2013.
1. Solicitor Adrian Mueller was not approved at any legally-convened meeting, so whether committee members were were properly appointed is IRRELEVANT (they do add to the complexity if the issue, though).
To this day, for eight years, no owner had viewed or received copy of any Solicitor's Standard Costs Agreement.
2. Enclosed herewith are FOUR versions of Adrian Mueller's Standard Costs Agreement with dates:
- Attachment "Adrian-Mueller-Standard-Costs-Agreement-without-signature-by-strata-manager-in-insurance-claim-for-his-costs-on-10Aug2012.pdf" clearly shows that QBE Insurance received claim for legal costs of Solicitor Adrian Mueller dated 10 August 2012. In that claim, Solicitor's Standard Costs Agreement DID NOT HAVE ANY SIGNATURE ON BEHALF OF OWNERS CORPORATION.
- Attachment "Adrian-Mueller-Standard-Costs-Agreement-without-signature-by-strata-manager-provided-to-CTTT-on-29Jan2013.pdf" was a Standard Costs Agreement that Solicitor Adrian Mueller himself sent to CTTT on 29 January 2013, which DID NOT HAVE ANY SIGNATURE ON BEHALF OF OWNERS CORPORATION.
- Attachment "Adrian-Mueller-Standard-Costs-Agreement-signed-by-strata-manager-on-17Jul2012-and-kept-secret-from-CTTT.pdf" was created on Tuesday 16 April 2013 at 09:08 hours and HAD SIGNATURE ON BEHALF OF OWNERS CORPORATION but that document was hidden from CTTT, District Court, and Police. It was created one day after CTTT made order for Solicitor Adrian Mueller to produce evidence that he was legally approved to represent owners corporation for CTTT case 212/32675 in period August to October 2012.
- Attachment "Adrian-Mueller-Standard-Costs-Agreement-signed-by-strata-manager-on-25Jul2012-and-provided-to-CTTT-nine-months-later-on-19Apr2013.pdf" was submitted by Solicitor Adrian Mueller to CTTT on 19 April 2013 and HAD SIGNATURE ON BEHALF OF OWNERS CORPORATION allegedly dated 25 July 2012.
3. Attachment "SP52948-Solicitor-Adrian-Mueller-Giving-Secret-Advice-to-Bruce-Copland-and-BCS-Strata-Managament-Provide-Signed-Contract-Under-Pressure-After-CTTT-Hearing-15Apr2013.webp" is a secret email from Solicitor Adrian Mueller asking for urgent committee meeting and confirmation that his contract was signed on 25 July 2012.
4. Solicitor made belated claim to CTTT that he had received email with signed Standard Costs Agreement on 25 July 2012 by Mr. Gary Webb and that it was sent by strata manager Mr. Gary Webb. Strata manager Peter Bone was not strata manager for SP52948 until committee meeting on 22 August 2012 (evidence in attachment "SP52948-EC-Minutes-22Aug2012.pdf").
Solicitor Adrian Mueller made the following statement to CTTT on 19 April 2013 - attachment "Letter-to-TribunalCommission-by-courier-19Apr2013.pdf".
On 25 July 2012 the then strata manager of the owners corporation, Gary Webb, signed the lawyer’s costs agreement on behalf of the owners corporation and the signed costs agreement was emailed to the lawyer by the strata manager on that day.
In Statutory Declaration to CTTT (fully and solely prepared by Solicitor Adrian Mueller - evidence is in his invoice he charged SP52948 for), in attachment "Peter-Bone -SD-declaration-19Apr2013.pdf", it said:
On 25 July 2012 I emailed to Adrian Mueller a copy of the Standard Costs Agreement signed by Gary Webb.
Layman can find this to satisfy "on the balance of probabilities" and "beyond reasonable doubt" legal requirements for prosecution (statements were plainly and deliberately false.
5. Attachment "SP52948-CHU-and-Strata-Manager-high-risk-insurance-claim-for-legal-costs-1Aug2012.pdf" shows evidence of secret insurance policy change and that SP52948 did not have any solicitor engaged at the time, in other words, insurers were asked to help FIND the STRATA SOLICTOR.
Even without going through other files, and we have so much, the fact is Solicitor Adrian Mueller secretly worked with strata manager to falsify data for his own Standard Costs Agreement and backdated it to 25 July 2012.
False statements are a very serious offense in their own right. Deliberate lying in a Statutory Declaration is punishable by up to five years in prison, according to the NSW Oaths Act. Former judge Marcus Einfeld served two years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice. The case stemmed from the improbable catalyst of a false statutory declaration over a $77.00 speeding fine.
6. Attachment "SP52948-Chairperson-confirming-Solicitor-Adrian-Mueller-not-engaged-for-CTTT-12-50460-2Sep2013.webp" dated 2 September 2013 shows secret email confirming that Solicitor Adrian Mueller was NOT ENGAGED in CTTT case SCS 12/50460, in spite of Solicitor making costs and falsely claiming to Fair Trading NSW and CTTT that he was (all evidence is in our possession).
Attachment "CTTT-SCS-12-50460-DFT-mediation-Solicitor-involvement-6Mar2013.pdf" shows evidence that Solicitor Adrian Mueller made claim to Fair Trading NSW that he was legally representing SP52948 in precursor to SCS 12/50460 (mediation attempt) on 7 March 2013.
Attachment "SP52948-CTTT-SCS-12-50460-Non-compliance-order-for-Secretary-and-Solicitor-7May2013.pdf" contains evidence that CTTT was coerced into believing that Solicitor Adrian Mueller was acting on behalf of SP52948.
Solicitor Adrian Mueller was aware of SCS 12/50460 as early as 19 October 2012 (evidence is in our possession).
7. At CTTT Hearing in case SCS 12/32675 on 15 April 2013, Solicitor Mr. Adrian Mueller said words to the effect of (transcribed by me from the third CD-ROM at around 12th minute of the audio recording at that Hearing - all audio recordings in case SCS 12/32675 are in our possession):
“What I wish to do is... continue with the Hearing today on proviso that I am able to tender some evidence on this issue. Evidence which I’ve only discovered… having perused my file in the last five minutes. Material… There’s two documents: first is a letter from me to the owners corporation dated the 2 nd of July 2012 in which I did an estimate of my costs to act in owners corporation’s appeal. Second document is email from the Strata Manager to me on the 6 th of August 2012 returning the signed copy of my costs agreement… and the costs agreement… signed by the strata manager on behalf of the owners corporation…. And… I apply…to leave.. tender of these documents today on the basis that I’ve only been informed of the challenge…”Your response is eagerly awaited.
The evidence that we have is irrefutable. and there is so much more in our possession.
Thank you.
On 7/10/20 20:23, SP52948 owner wrote:
Good afternoon,
It took seven long and hard years for Lot 158 investigations to be able to make claims as below.
Evidence confirms that Solicitor Adrian Mueller illegally represented SP52948 in Fair Trading NSW case SM12/1537JR (compulsory mediation as prerequisite for CTTT SCS 12/50460), CTTT case SCS 12/50460, and CTTT case SCS 12/32675, and continued to act to protect own interests and interest of selective members of SP52948 committee and strata managers at BCS Strata Management (lost contract with strata plan in 2016) and Waratah Strata Management (since 1 February 2017).
Evidence satisfies "on the balance of probabilities" requirements,
Evidence satisfies "beyond reasonable doubt" requirements.
Regards.