| From: |
SP52948 owner |
| To: |
Peter Bone BCS Strata Management |
| CC: |
Paul Banoob Pica Group, Bruce Copland, Stan Pogorelsky, Raphael Hirschhorn, John Ward, Moses Levitt, Maureen McDonald |
| Subject: |
REPEATED HIGH PRIORITY CONFIDENTIAL REQUEST: Immediate access to eight SP52948 files |
| Date: |
31/12/13, 10:10 am |
As the 2013 ends, and in accordance with recommendations by the
CTTT (now NCAT) and the District Court, as good will, I offer
herewith Raine & Horne Strata Sydney and the Executive
Committee a chance to avoid major financial and legal issues by
closing the files at District Court and CTTT now.
Without going into many details, take a look at some of my evidence
that cannot be denied:
False Presentation of signed Standard Costs Agreement
a) In his submission on 29 January 2013, the Solicitor Mr. Adrian
Mueller provided copy of his Standard Costs Agreement to the CTTT
and me that was not signed by the Executive Committee or the Strata
Manager.
b) In paragraph 7 of his Statutory Declaration, submitted upon
secret email from the Solicitor on 19 April 2013, Strata Manager
Mr. Peter Bone's Statutory stated that annexed and marked "E" was a
copy of his email to Solicitor Mr. Adrian Mueller dated 25 of July
2012 with a copy of the Standard Costs Agreement signed by Mr. Gary
Webb attached to his email.
c) Mr. Peter Bone also affirmed that he witnessed the signing
of the agreement by Mr. Gary Web himself.
d) At the CTTT Hearing on 15 April 2013, Solicitor Mr. Adrian
Mueller, under implicit oath granted to legal professionals, said
words to the effect of (transcribed from the CTTT audio
recordings):
"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 2nd 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 6th 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 lead... tender of these documents today on the basis
that I've only been informed of the
challenge..."
e) The dates of when the Solicitor "received" the signed Standard
Costs Agreement significantly differ between versions submitted by
the Strata Manager Mr. Peter Bone's in his Statutory Declaration on
19 April 2013 and an authoritative oral submission under oath by
the Solicitor Mr. Adrian Mueller at Hearing on 15 April 2013.
One of Issues with Statutory Declaration of Mr. Peter
Bone
a) I will not disclose herewith my whole Affidavit for the District
Court as it is not my duty to forewarn you...
But, one item, even though not competent in IT industry, you can
understand:
b) On page 19 on his Statutory Declaration, Mr. Peter Bone annexed
a letter sent by Solicitor Mr. Adrian Mueller on 2 of July
2012.
c) This letter was attached to the email sent by Solicitor Mr.
Adrian Mueller on 5 July 2013 at 4:41 PM (on page 17 of Strata
Manager's Statutory Declaration), and forwarded through Branch
Manager Mr. Paul Banoob the same day at 4:57 PM to Strata Manager
Mr. Gary Webb (on page 16 and 17 of Strata Manager's Statutory
Declaration), who, in return, forwarded it to seven (out of nine
existing) members of the Executive Committee on 6 of July 2012 at
08:32 AM.
d) These emails do not comply with the IT standards for
attachments:
* As real attachments.
* In-line (embedded).
* Quoted (embedded).
e) Number of other issues in the Statutory Declaration exist (I did
not include all of them in my Statutory Declaration for CTTT on 20
December 2013, as it is more important to have them for the
District Court).
Offer to end all issues gracefully
Here are my very generous conditions to be fulfilled by end of
business hours on 4 January 2014, upon which, if satisfied, all
CTTT and District Court files can be abandoned and not addressed
again:
1. Raine & Horne Strata Sydney will contribute $25,000.00 to
Westmead Children's Hospital funds.
They can be seen as a great donor for a good cause and even boast
about their contribution in the media. Good publicity stunt for
them, and making decent contribution to the society.
2. Just for a good measure of fairness, Raine & Horne Strata
will pay me back $2,590.00 for unnecessary copy of the folders in
file SCS 12/50460, which Solicitor Mr. Adrian Mueller took without
valid grounds in May 2013.
I am prepared to make void all other financial claims.
3. Raine & Horne Strata Sydney will resign from the duties in
the complex immediately (on whatever grounds they wish to present
to owners). They can find a graceful way to say to owners that they
wish not to continue providing services to SP52948 and that they
will stay until the owners corporation completes a tender for the
new agency (which we can organize for free through Strata Match, a
company that even the CTTT uses).
I am not interested in statements how many owners like Raine &
Horne Strata Sydney because they had/have no details of how bad
things are ("test of reasonable" is not satisfied).
4. Paperwork for making this legally binding for both parties (your
and me), preserving total privacy (non-disclosure and
non-repudiation), and closing the issues once for all can be
made.
The alternative for you is to ignore my offer. I am fine with
that, but my actions will certainly reflect the determination to
expose your actions to all parties.
In any case, you will have difficulty to justify Mr. Adrian
Mueller's involvement in CTTT Hearing on 26 February 2013 because
there is only one issue on the agenda - Strata Manager. Committee
made it clear in January 2013 that it was not owners corporation
duty to defend strata agency at owners' expense.
In addition, District Court case will be serious, not only because
Mr. Peter Bone provided Statutory Declaration with deliberate and
serious errors, but there are significant errors of law made by the
CTTT, and Mr. Peter Bone "approved" Solicitor's engagement at
District Court without any consultation with any other EC member
(still pending "approval" at adjourned EGM on 8 January 2014). If I
were you, I would not want to give my vote to approve such
engagement. You personally risk a lot.
Finally, my submission why I request that Solicitor Mr. Adrian
Mueller be dismissed from any proceedings related to our complex is
ready too. I am afraid, it does not look good for the
Solicitor.
Our strata complex needs to start afresh. Raine & Horne Strata
Sydney has shown it cannot be part of its future due to repeated,
continuous, deliberate, and excessive errors, and lack of duty of
care and professional ethics. Not because I say so, but because
evidence is undeniable.