Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Stan Pogorelsky |
| Subject: | UPDATED Letter of Demand on 10Feb2022 |
| Date: | 10/2/22, 10:29 |
Sent without prejudice.
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.
If you want advanced notification of each publishing, that
can be provided. 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 you were directly involved with (as witness and collaborator) for these financial losses whilst UNFINANCIAL to vote and be on the committee:
$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, which thanks to grace of some committee members, you were made aware and we have evidence of it.
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…”
Your response is eagerly awaited.
The evidence that we have is irrefutable. and there is so much
more in our possession.
Thank you.