Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | John Gore, Moses Levitt, Jeffery Wang, Stan Pogorelsky, Thomas Karolewski, Marianna Paltikian |
| Subject: | CONFIDENTIAL OFFER: SP52948 Your actions today and tomorrow |
| Date: | 27/7/20, 10:37 am |
Good morning,
This email justifies your direct notification, without strata managers at present.
What a lovely day it is.
Last week, Waratah Strata Management claimed they let CCTV footage that we requested of Lot 181 to be "overwritten" and only under strong pressure, after one month of silence, provided CCTV recording for event related to Lot 147 dated 10 June 2020.
But, that is just a tip of the iceberg.
Based on below brief statements, we are giving you an opportunity to take proper actions now:
a) Provide written statements to Lot 158 in next 24 hours that you were personally misled about these events by Solicitor Adrian Mueller in the past and that you did not know about fraudulent activities, and now offer full support for investigations to proceed.
b) Provide written authorization to Lot 158 in next 24 hours to represent owners corporation and deal with:
Office of Legal Services Commissioner case 56561 (professional misconduct by Solicitor Adrian Mueller)
Police Event E65804633
Fair Trading NSW cases (there are seven of them)
Pending NCAT case (if you persist in defending the indefensible)
c) Provide written authorization to Lot 158 in next 24 hours to assist with access to any strata file that has been listed in previous document searches.
d) Issue immediate order to Solicitor Adrian Mueller to reimburse owners corporation for all SP52948, of which $26,500.00 will promptly have to be repaid to Lot 158 (plus around $4,000.00 for legal costs).
e) Notify owners about these events.
f) As a friendly advice, you might consider if your position as committee member is justifiable any longer.
Regards,
Since 24 April 2020, you have been requested to respond to our Civil and Criminal lawyers and failed to attend free mediation at Fair Trading NSW. You declined to inform owners about the details of the request and also failed to provide each and every owner with copy of the Standard Costs Agreement within 14 days for all legal engagements in last three years (practice you did so many times with Solicitor Adrian Mueller too).
You are herewith provided with two pieces of information (we now have much more) that prove:
a) Solicitor Adrian Mueller intentionally provided false and misleading statements to Fair Trading NSW and hid information from them to hamper their investigations
b) Solicitor Adrian Mueller intentionally provided false and misleading statements to CTTT and hid information from them to hamper their investigations
c) Solicitor Adrian Mueller intentionally mislead District Court to obtain personal benefits and protect selective group of owners and strata managers
d) Mr. Peter Bone intentionally provided false and misleading statements in Statutory Declaration to CTTT (the document was written by Solicitor Adrian Mueller)
e) Mr. Peter Bone intentionally provided false and misleading statements in Affidavit to District Court
f) Lot 181 and Lot 147 provided misleading and false statements in their submissions to CTTT, without disclosure that they were unfinancial and could not be legal members of the committee
g) Lot 218 provided misleading and false statements in his submissions to CTTT
h) Other owners and previous members members of the committee provided false and misleading statements to CTTT
Here are two pieces of crucial evidence:
Solicitor Adrian Mueller illegally represented SP52948 in SM12/1537 and CTTT SCS 12/50460
1. CTTT SCS 12/50450 interim order to stop Annual General Meeting 2012 due to serious misconduct was dismissed until after Annual General Meeting and CTT forced SCS 12/50460 to go to mediation on 10 September 2012
2. Lot 158 sent email to Solicitor Adrian Mueller about facsimiles sent to CTTT SCS 12/32675, 12/50450, and 12/50460 on 19 October 2012
3. NSW Fair Trading forwarded files to BCS Strata Management Peter Bone in CTTT SCS 12/50460 mediation events on 17 January 2013
4. On 6 March 2013, Solicitor Adrian Mueller sent letter to Fair Trading NSW claiming that he was legally representing SP52948 in mediation case SM12/1537 (precursor to CTTT file SCS 12/50460)
5. Solicitor Adrian Mueller was paid invoices which included work for mediation case SM12/1537 and CTTT SCS 12/50460
6. In spite of all involvement, Solicitor Adrian Mueller claimed not knowing about CTTT SCS 12/50460 in email sent to BCS Strata Management on 6 May 2013
7. Solicitor Adrian Mueller issued Standard Costs Agreement for CTTT SCS 12/50460 on 6 May 2013
8. Letter from CTTT in file SCS 12/50460 sent to Solicitor Adrian Mueller about non-compliance order for SP52948 Secretary and Solicitor on 7 May 2013
9. Solicitor Adrian Mueller invoice charging for involvement in CTTT SCS 12/50460 mediation events at NSW Fair Trading on 10 May 2013 without owners corporation approval or Standard Costs Agreement
10. Lot 158 repeated complaints about false representation by Solicitor Adrian Mueller and expenses in CTTT SCS 12/50460 on 13 May 2013
11. Lot 158 provided summary of owner's votes against any engagement of Solicitor Adrian Mueller to BCS Strata Management on 17 May 2013
12. BCS Strata Management provided false statement to a single owner about owners corporation engaging Solicitor Adrian Mueller not BCS Strata Management and planning how to recover Solicitors costs if CTTT case is rejected on 22 May 2013
13. BCS Strata Management requesting extension of time to respond in CTTT SCS 12/50460 and confirmed that Solicitor engagement had to be approved at Extraordinary General Meeting on 24 May 2013
14. Lot 158 repeated requests to Solicitor Adrian Mueller to return files due to false representation by Solicitor Adrian Mueller in CTTT SCS 12/50460 on 1 June 2013
15. Lot 158 Folder 12 submission in CTTT SCS 12/50460 with evidence of illegal engagement of Solicitor Adrian Mueller on 4 June 2013
16. Lot 158 request to access strata files for CTTT file SCS 12/50460 on 5 June 2013
17. Lot 147 email confirming he was fully aware of Lot 158 rights to access strata files on 5 June 2013
18. Lot 158 request to BCS Strata Management and committee about their refusal to organise general meeting and accept owners
wishes for CTTT file SCS 12/50460 on 6 June 2013
19. SP52948 CTTT SCS 12/50460 decision on 2 September 2013
20. EC member confirming Solicitor Adrian Mueller not engaged for CTTT 12/50460 on 2 September 2013. Email recipients are in full evidence of Lot 158
Mr. Peter Bone and Solicitor Adrian Mueller statement to CTTT (other references to false statements will not be shared with you yet!)
21. Statutory Declaration by Mr. Peter Bone (written by Solicitor Adrian Mueller) on 19 April 2013:
On 25 July 2012 the Standard Costs Agreement was signed by Gary Webb on behalf of the owners corporation. I know Gary Webb personally. He is employed by Raine & Horne Strata - Sydney. Mr. Webb was the person at Raine & Horne Strata Sydney who throughout July 2012 was the person responsible for the day to day strata tile management of the owners corporation. I have seen Mr Webb sign document and I recognise the signature on the costs agreement as his signature.
On 25 July 2012 I emailed to Adrian Mueller a copy of the
Standard Costs Agreement signed by Gary Webb.
22. Solicitor Adrian Mueller letter to CTTT on 19 April 2013:
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.
(EC meeting on 22 August 2012 introduced Mr.
Peter Bone as new strata manager!)
