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| From: | SP52948 owner |
|---|---|
| To: | Solicitor Adrian Muelle |
| CC: | Peter Bone BCS Strata Management, Paul Banoob BCS Strata Management |
| Subject: | RE: OFFICIAL REQUEST on 10 May 2013: Immediate return of private property and reimbursement of Invoice on 6 March 2013 |
| Date: | 14/5/13, 7:14 pm |
Hello,
Frankly, I do not care what you say nor you make any sense. What you say is worthless.
CTTT and the DFT were notified this week.
I am your client - I am part of the owners corporation and also hold several proxies vested in me.
In addition (you are not allowed to know the details yet), many owners are receiving my reports and number of them are getting ready to deal with you and the Strata Agency when the time is right.
So, you are holding the documents illegally, you represented your self in a false manner to the DFT and the CTTT, you charged expenses in the case SCS 12/50460 you were/are not even authorized to claim, and you refuse to disclose full expenses which you HAD to provide to the owners corporation long ago.
I am not sure what you think will happen next.
Maybe you think that people have to "fear" you!? That does not work on me.
On Tue, 2013-05-14 at 14:43 +1000, Adrian Mueller wrote:
> Dear Mr Lot 158
>
> I did not reach any agreement with you at the CTTT last Friday.
>
> On that day you told me that I had received some documents concerning your latest CTTT application and you asked me to return those documents. I told you to put your request to me in writing which you have now done.
>
> I received documents on File SCS 12/50460 from the CTTT, not you. These documents are not private. I am not holding these documents illegally or without authority. I am presently under no obligation to return these documents to you and I therefore do not propose to do so. If the position changes I will advise you accordingly.
>
> I disagree with the other assertions you make in your email.
>
> Finally, you are not my client. I am presently under no obligation to agree to your requests (insofar as they relate to you) and I therefore do not propose to do so.
>
> Regards,
> Adrian Mueller
> Solicitor
>
> J.S.Mueller & Co.
> 1st Floor, 240 Princes Highway
> Arncliffe NSW 2205
>
> -----Original Message-----
> From: SP52948 owner
> Sent: Friday, 10 May 2013 1:46 PM
> To: Solicitor Adrian Mueller
> Cc: Peter Bone BCS Strata Management; Paul Banoob BCS Strata Management
> Subject: OFFICIAL REQUEST on 10 May 2013: Immediate return of private property and reimbursement of Invoice on 6 March 2013
>
> Hello,
>
> a) As agreed at the CTTT Hearing today, since you are not a properly endorsed legal representative of the SP52948 in File SCS 12/50460, and based on the fact that you kept falsely claiming it to the DFT and the CTTT until 6 May 2013 (when I forced you to issue a new contract), you are instructed to return two folders with my evidence in SCS 12/50460 by registered post or in person immediately.
>
> This request has to be taken in context that I will allow seven days (five working days from today) for my files to be returned (by the end of business hours on 17 May 2013).
>
> You are currently holding these PRIVATE documents illegally and without authority.
>
> I will allow service by post as per
> NSW Interpretation Act 1897 Section 76:
>
> (b) in Australia or in an external Territory-is,
> unless evidence sufficient to raise doubt is
> adduced to the contrary, taken to have been
> effected on the fourth working day after the
> letter was posted...
>
> Silence will the taken as agreement with my request.
>
> b) The Strata Manager, the EC and you, must immediately review the invoice in amount of $1,452.00 that you submitted to the owners corporation on 6 March 2013 because almost all expenses in it were related to the CTTT File SCS 12/50460 (and corresponding DFT SM12/1537JR), and some even private financial matters between Raine & Horne Strata and myself (which you cannot claim from owners corporation).
>
> A quick reimbursement of the illegal expenses is required immediately as the funds of the owners corporation have been abused without approval.
>
> c) You will disclose to owners corporation and myself all costs (current estimate above $25,000.00) from the Standard Cost Agreement of $11,550.00 as "approved"
> by the EC members on 16 July 2012.
>
> d) Finally, you are requested to provide evidence why you failed to notify the owners corporation about all expenses and substantial changes to the Cost Agreement as per Legal Profession Act 2004:
>
> If the Solicitor becomes aware of a substantial changes
> in anything included in prior disclosure, there is a
> duty to update the disclosure under Section 316
>
> It is actually covered by Section 309(1)(b)(iv) (and Section 316) of the Legal Profession Act 2004.
>
> That has not happened in our complex.
>
> This was also listed in your Standard Cost Agreement but not adopted by the Solicitor.
>
> This clause imposes on the Solicitor an obligation to inform the client of any substantial changes to anything (as soon as practicable after he becomes aware of the changes) required to be disclosed to the client.
>
> Regards,