Welcome to the blog of NSW strata investigative journalism
From: | SP52948 owner |
---|---|
To: | John Ward |
Subject: | UPDATED Letter of Demand Part 1 - Lot 158 on 12Feb2022 |
Date: | 12/2/22, 18:16 |
Good afternoon,
We need to close off this problem.
Sent without prejudice.
Thank you in advance for your kindness and respect of laws.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.
Likewise, as asked by us many times before,
any public information that you have grief with,
please highlight with evidence why you object to
it being published (within valid legal grounds),
and your request will be addressed with care and
reviewd promptly. You, like all other members of
the committee and some owners, declined to do it
over the last eight years and instead attempted
to incur costs through unnecessary litigations
that eventually failed.
b) Your help is requested for civil and criminal prosecution of Solicitor Adrian Mueller, in events (as witness and collaborator) for these financial losses whilst allowing two UNFINANCIAL owners to be on the committee and vote:
$367.64 on 31 Augu1st 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.
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.
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:
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…”
8. In final Hearing in case SCS 12/32675 on 10 May 2013, apart from Solicitor Adrian Mueller who continued to claim he was legal to represent owners corporation, three members of Pica Group and BCS Strata Management attended (Mr. Peter Bone, Mr. Paul Banoob, and an unknown third person who is suspected to be possibly Mr. Greg Freeman), without assisting Tribunal member and yet charging owners corporation for costs (attachment "BCS5532260-BCS-Strata-Management-charging-for-attending-CTTT-Hearing-SCS-12-32675-10May2013.webp"). They did not offer assistancr to the Tirbunal, whilst in person attending the Hearing, that the Statutory Declaration by their staff was falsified.
9. Timeline of events for anonymous death threat
against Lot 158 in 2013:
Throughout February 2013, Solicitor Adrian Mueller
was actively engaged in preventing access to
strata documents, protecting own interests,
exhibiting contempt of court (CTTT) in deliberate
exercise with intent to interfere with the
administration of justice
SP52948-Solicitor-Adrian-Mueller-secret-involvement-in-preventing-access-to-strata-documents-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013.
On 24 February 2013 at 19:45 hours, Lot 158 sent
email to strata manager Peter Bone with the
subject line "ADVANCED NOTICE: Peter Bone will be
issued with CTTT summons to produce documents on
25 February 2013".
Lot 158 submitted summonses on 25 February 2013
to CTTT, with updated version on 27 February 2013
(CTTT requsted the changes to the document):
SP52948-Lot-158-summons-for-strata-manager-Peter-Bone-to-produce-documents-in-CTTT-case-SCS-12-32675-including-evidence-for-engagement-of-Solicitor-Adrian-Mueller-on-25Feb2013-with-updated-version-on-27Feb2013.
Day after notice of issue of summonses to strata
manager Peter Bone, there was an anonymous phone
call to Lot 158 on 26 February 2013 (male voice)
with clear instruction to stop CTTT cases or risk
own life, with suggestion to disappear from
complex. Similar threat "urging" Lot 158 to
disappear from complex was reported to Police (and
ignored by them) in Event E45617744 on 6 October
2011:
SP52948-anonymous-letterbox-message-for-Lot-158-6Oct2011.
Evidence that Solicitor Adrian Mueller knew about
summonses for strata manager Peter Bone and was
actively involved on 26 February 2013:
SP52948-Solicitor-Adrian-Mueller-secret-involvement-in-preventing-issue-of-summonses-without-owner-corporation-approval-extract-from-invoice-60252-dated-6Mar2013.webp
Previous death threat (as usual, done via
anonymous phone call):
SP52948-CTTT-12-32675-Final-response-Lot-158-against-Solicitor-Adrian-Mueller-legal-costs-14Mar2013.
BCS Strata Management and committee members stayed
silent about attacks against Lot 158.
10. In BCS Strata Management Affidavit to
District Court case 2013/360456 in February 2014,
similar false statemenst were made, in spite of
knowledge that Lot 158 was denied access to strata
files two times during 2013. Evidence exists to
prove this.
Your response is eagerly awaited.
The evidence that we have is irrefutable. and
there is so much more in our possession.
Thank you.