Investigative Journalism and Learning Hub - Complaint to CTTT About Solicitor Adrian Mueller's Illegal Representation in Case SCS 12/50460 on 8 July 2013

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From: SP52948 owner
To: ctttenquire@cttt.nsw.gov.au
Subject: URGENT REQUEST: Access to view Respondent files that were submitted after the deadline in CTTT case SCS 12/50460
Date: 8/7/13, 2:04 pm

Fax:

Pages: 1 (One)

To: Consumer, Trader & Tenancy Tribunal

From: Applicant, Fontenoy Road, Macquarie Park, NSW 2113

Date: 8th of July 2013

Re: File No: SCS 12/50460

Reason: Request for access to view the Solicitor’s submissions he provided after the CTTT’s deadline on 25th of June 2013

To Whom It May Concern,

I tried to send a facsimile to your office several times today, but it is not clear if it arrived safely.

In spite of strong protests by the owners (the Applicant’s Folder 13 Sleeve 32), the Strata Manager and the EC ignored them and continued to engage the services of the Solicitor Mr. Adrian Mueller as part of their submissions.

For these services, the Solicitor charged the owners corporation additional $1,452.00, which brings his total expenses to $32,661.24 (Annexure 2 in today’s submission by the Applicant). Previous Solicitor’s invoices were provided in the Applicant’s Folder 13. The Solicitor’s latest invoice is enclosed in Annexure 3 in today’s submission.

The Solicitor charged fees for involvement in case SCS 12/50460 without an approval by the owners corporation at any general or EC meeting as early as February 2013.

Today, based on my wife’s visit to the CTTT office in the city, it was confirmed that the Solicitor submitted some documents AFTER the due date on 25th of June 2013, and that explains why the CTTT did not provide access to these files to the Applicant when he attended the document viewing on 28th of June 2013.

The Applicant raises objection to the submission of Mr. Adrian Mueller, Solicitor for the EC and the Strata Manager, because he lacks a properly endorsed authority and agreement with the owners corporation. He was actively engaged in providing false statements and withheld evidence in previous cases SCS 12/05845 and 12/32675. To this day, neither he nor anyone else can deny the fact that he had not been approved to represent the owners corporation at any legally-compliant general or EC meeting in the Strata Plan 52948.

The Solicitor even falsely claimed to represent the owners corporation in case SCS 12/50460 in statements to the Department of Fair Trading and the CTTT. His Standard Costs Agreement in May 2013, which has never been approved, is a proof that he was not endorsed then and not endorsed now.

As per oral suggestion by the officer at the CTTT counter today, I have to submit the official request to inspect the Solicitor’s files that he provided to the CTTT AFTER the close of the submission date on 25th of June 2013 and obtain their photocopies (at prescribed fee).

Proposed document viewing dates (Thursday being the preferred one):

Thursday, 11th of July 2013 at 10:00 in the CTTT office in the city

Friday, 12th of July 2013 at 10:00 in the CTTT office in the city

Sincerely,