Investigative Journalism and Learning Hub - NCAT case SC 20/33352 Dismissal Without Looking at Evidence - Error of Law

Welcome to the blog of NSW strata investigative journalism

Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Attempts to get Waratah Strata Management to keep all parties informed has been ignored since 1 February 2017. Strata files are kept undisclosed and even events like mediation at Fair Trading NSW, NCAT case SC 20/33352, Police Events, and OLSC reports about professional misconduct of Solicitor Adrian Mueller are not provided to owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Committee members and Waratah Strata Management refused to offer assistance to these organisations.

Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.

The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...

This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of legal Services Commissioner, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.

Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples:

NSW-Civil-Tribunal-failing-to-deliver-services

Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).

SP52948 NCAT Case SC 20/33352 Dismissal Without Looking at Evidence

Direct involvement by Solicitor Adrian Mueller:

  1. Coerced Tribunal he was legal representative of strata plan SP52948 (Respondent) without offering evidence of valid procedure for his Standard Costs Agreement or legally-compliant meetings of Respondent,

  2. Suggested to Respondent use of insurance claims for his legal costs,

  3. Sent secret defamation threats to Applicant (SP52948 owner) before two Tribunal Hearings as an attempt of intimidation and deterrent,

  4. Prevented Applicant’s Motion for Annual General Meetings,

  5. Had direct knowledge of Applicant being denied to access strata documents, in spite of paid document searches and evidence of being legal member of the committee,

  6. Did not comply with Tribunal orders at Directions Hearings to submit evidence of behalf of Respondent (Solicitor Adrian Mueller failed to comply with Tribunal orders six times whilst not authorised to represent owners corporation in period 2012 to 2021),

  7. Accessory to four falsified versions of Standard Costs Agreement in CTTT case SCS 12/32675,

  8. Prevented Respondent (committee members, and strata managers from BCS Strata Management and Waratah Strata Management) from attending Hearings in SCS 12/32675 and SC 20/33352, and coerced Tribunal to ignore Applicant’s evidence due to Respondent’s absence,

  9. Actively supported threats (even death threats) to Applicant, without taking actions to prevent such behaviour,

  10. Brought no evidence at Hearings whilst denying/refuting Applicant’s statements without offering any files to counter their claims,

  11. Co-operated with Respondent to submit false insurance claims for his legal costs (four claims) in CTTT SCS 12/32675 in GST exclusive amount of $24,919.31 in 2012/2013 and undisclosed insurance claim in NCAT case SC 20/33352 in GST exclusive amount of $19,758.14 in March 2022,

  12. Directly responsible for preparing falsified evidence in Statutory Declaration for CTTT on behalf of BCS Strata Management Peter Bone on 19 April 2013, and had full knowledge of false statements by Peter Bone in Affidavit to District Court case 2013/360456 on 31 January 2014, and not providing any evidence in Affidavit by Solicitor’s receptionist for case SC 20/33352 dated 8 February 2022,

  13. Had full knowledge of non-compliant general and ordinary meetings of SP52948,

  14. Coerced Tribunal to enforce costs recovery from Applicant without approval of SP52948 at any legally-convened meeting, whilst being accessory to insurance claims as back-up option for his legal costs,

  15. Attempted to justify non-compliant committee meetings dated 8 July 2012, 19 April 2013 (scheduled for 26 March 2013 and brought forward as time-warped event), and all committee meetings in 1018, 2019, 2020, 2021, and 2022 (CTTT dismissed Solicitor’s claims and declared meetings 8 July 2012 and 19 April 2013 ineffective in their decision in SCS 12/32675 on 6 November 2013),

  16. Prevented Police, CTTT/NCAT, Fair Trading NSW, Office of Legal Services Commissioner, District Court, and Supreme Court from access to Respondent’s files and his alleged correspondence with Respondent.

  17. Failed to refute any claims made by an owner in Affidavit at District Court in case 13/360456 and coerced the Judge to ignore owner's evidence:

    District-Court-case-13-360456-Lot-158-Affidavit-ignored-by-Solicitor-Adrian-Mueller-4Feb2014.pdf

  18. Failed to refute any claims made by an owner in Statutory Declaration for NCAT case SC 20/33352 and coerced Tribunal to ignore owner's evidence:

    SP52948-statutory-declaration-for-NCAT-case-20/33352-which-Waratah-Strata-Management-refused-to-provide-to-owners-Aug2020.pdf

  19. CTTT/NCAT refused to issue summonses to BCS Strata Management and committee members in case CTTT SCS 12/32675 in spite of overwhelming evidence of fraud:

    NCAT-silent-about-refusing-to-issue-summonses-two-times-in-spite-of-overwhelming-evidence-of-fraud-5Sep2022.html