Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Ross Di Biasi SUU Insurance, Samuel Lawrence BCB Insurance Broke |
| CC: | info@suu.com.au, IFBAcoordinator@insurancecouncil.com.au |
| Subject: | UPDATED SUMMARY on 30Aug2022 - Strata Plan SP52948 $19,758.14 in Insurance Policy QUSS042715 - BCB Ref 94537 |
| Date: | 30/8/22, 08:36 |
Good morning,
Important updates worth sharing.
a) Waratah Strata Management refuses to inform owners about insurance claims and work by Solicitor Adrian Mueller. In addition, they refuse to provide access to strata files.
Therefore, my sworn Statutory Declaration is being prepared for the following bodies, that will in short form provide statements of Solicitor's repeated and premeditated fraudulent actions in regards to CTTT cases SCS 12/32675, SCS 12/50460, NCAT case SC 20/33352, District Court case 13/360456, Supreme Court Costs Assessment case CA2022-70683, and Police events:
In addition, I will initiate mediation at Fair Trading NSW to enforce access to strata files, as allowed by law. To avoid costs to all parties, I will rely on Fair Trading NSW firstly, if they refuse to co-operate, much higher risks will be inevitable for SP52948.
b) Waratah Strata Management refuses to provide invoice and receipt in amount of $5,000.00 for my payment on 1 July 2022 (that is two months now!).
I paid $5,000,00 first-installment penalty for alleged legal
costs on 1 July 2022, which are now recovered twice by the owners
corporation (from insurance and me). As of today, it does not
appear that they reimbursed insurance company for that amount (or
any amount).
The $5,000.00 payment does not incur GST, so it should be fully
listed in the Income & Expenditure Reports, but it is not.
Whilst amount of $4,545.45 was listed as miscellaneous income during July 2022 (probably my payment, less GST, which actually doe snot apply to these legal costs), this income DISAPPEARED in August's financial reports.
In addition, financial statements do not list any repayments to
insurance company.
Evidence:
Attachment "SP52948-Income-and-Expenditure-Report-1Sep2021-to-29Aug2022.pdf"
Attachment "SP52948-miscellaneous-income-31Jul2022.png"
Attachment "SP52948-miscellaneous-income-disappeared-29Aug2022.png"
c) Strata Plan SP52948 committee meeting dated 28 July 2022, as
organized by Waratah Strata Management, did not satisfy
requirements of Strata Schemes Management Act 2015 (SSMA),
Schedule 2, Section 4 (1) and (2), and section 7, and
Interpretation Act 1987 (NSW).
Agenda was created on 26 July 2022 and scheduled for 28 July 2022.
Excluding date of creation, meeting date, and the weekend, NO DAYS
were allowed for delivery of notice to all owners. As per Strata
Roll dated 31 January 2017, more than 32% of owners had requested
postal delivery of notices – that figure is hidden from owners by
Waratah Strata Management in subsequent years.
Agenda was not detailed, as required by SSMA 2015 and was not sent
to Lot 158.
Owners did not receive any information about double charging for
alleged Solicitor Adrian Mueller's costs: from Lot 158 and
insurance company. Accounting statement showed that insurance
company was seemingly still not reimbursed for legal costs.
Admin Fund had negative balance of $61,290.57 on 31 July 2022, one
day before next collection of levies on 1 August 2022 (owners did
not receive any information about financial status).
Waratah Strata Management website did not contain schedule for the
meeting on 28 July 2022.
Waratah Strata Management website lists only one committee meeting for whole 2022, screenshot taken on 28 July 2022.
Minutes of this non-compliant committee meeting had shy information for owners about legal costs (basically, owners are kept in the complete darkness about what is happening):
INSURANCE COST RECOVERY LOT 158 - pursuant to a costs order
made by the NSW Civil &
Administrative Tribunal on 6 July 2021, the following
repayment schedule has been agreed to:
Due date: Amount:
1 July 2022 $5,000.00
1 October 2022 $5,000.00
1 January 2023 $5,000.00
1 April 2023 $5,000.00
1 July 2023 $3,744.72
Total Reimbursement: $23,744.72
Further discussed that the Managing Agent has requested the
Strata Insurer advise how reimbursement of legal expenses are to
be arranged.
Evidence:
Attachment "SP52948-Income-and-Expenditure-Report-1Sep2021-to-31Jul2022.pdf"
Attachment
"SP52948-agenda-EC-meeting-prepared-on-26Jul2022-for-meeting-on-28Jul2022.pdf"
Attachment "SP52948-Minutes-EC-meeting-28Jul2022.pdf"
d) Non-compliant committee meeting dated 28 July 2022 informs owners about another legal case (Lot 1 and mediation at Fair Trading NSW), without providing owners with any details.
It is questionable if insurance company was notified about it by Waratah Strata Management and committee members.
In addition, owners are still not given detailed information about ongoing fire safety orders by Ryde Council and RFS.
Evidence:
Attachment "SP52948-Minutes-EC-meeting-28Jul2022.pdf"
Regards,
FYI,
Letter from Solicitor Adrian Mueller dated 27 June 2022 clearly shows intention by strata committee and Waratah Strata Management to prevent investigations by OLSC, Police,and other parties. I am used to such actions. Typical response from those who fear consequences of actions. The contents of the letter are very clear and SP52948 intentions for insurance claims are dubious.
In the meantime, I paid $5,000,00 first-installment penalty for alleged legal costs on 1 July 2022, which are now recovered twice by the owners corporation (from insurance and me). As of yesterday, it does not appear that they reimbursed insurance company for that amount.
The $5,000.00 payment does not incur GST, so it should be fully listed in the Income & Expenditure Report dated 12 July 2022, but it is not.
Invoice for that payment has not been issued by Waratah Strata Management either.
My real job is to protect financial systems of Australia, and that includes fraud investigations and prevention. It might sound pretentious, but the fact is that not many people can match my skills in that area.
Regards,
On 20/6/22 21:41, SP52948 owner wrote:
Good evening,
Sent to you in good faith. Insurance fraud costs all of us and swift actions are needed to prevent it at all levels.
Patience is a virtue required for complex investigations. In spite of serious personal costs, including anonymous threats, there doe snot stop my efforts.
It is duty of every law-abiding citizen to help enforcement of laws and help if they have knowledge of events that need to be investigated.
- Last week, further evidence was found that justify allegation of serious insurance fraud committed by SP52948.
This is second insurance fraud committed by SP52948. First one was in CTTT case SCS 12/32675 for non-existent defence of Lot 3:
CTTT Defence/Lot 3: Pol NNR836665 31/08/2012 paid $367.64
CTTT Defence/Lot 3: Pol NNR836665 7/12/2012 paid $12,714.65
CTTT Defence Lot 3 60252: Pol NNR836665 26/04/2013 paid $1,320.00
CTTT Defence Lot 3 61223: Pol NNR836665 4/06/2013 paid $10,517.02
Evidence has been collected detailing four fraudulent insurance claims in 2012/2013 amounting to above $26,000.00.
CHU Insurance (without having full evidence) forced repayment in amount of $8,800.00 in March 2017.
- The following attachments provide concise summary of events that raise extreme concerns:
"Six versions of Solicitor Adrian Mueller alleged costs and undisclosed insurance claims in NCAT case SC 20 33352-Jun2022.pdf"
"CAS006791_1-PART-9-Strong-case-for-Solicitor-Adrian-Mueller-being-accessory-before-and-after-insurance-fraud-five-times-CTTT-12-32675-and-NCAT-20-33352.pdf"
"CAS006791_1-Part-9-Questions-on-Validity-of-Solicitor-Adrian-Mueller-Legal-Cost-Items-NCAT-20-33352.pdf"
Every information in the attachments can be verified with unredacted evidence. They required significant amount of work on my side and not many people have skills to collect such information.
Insurance paid SP52948 amount of $19,758.14 for six invoices containing alleged legal services by Solicitor Adrian Mueller, which were also requested from Lot 158 (myself) through fraudulent claim by Solicitor Adrian Mueller at Supreme Court. In essence, SP52948 wanted to recover legal costs two times for the same expenses ("double jeopardy for cost claims"):
11/12/2020 Inv# 101676 $8,833.00 (GST inclusive)
3/02/2021 Inv# 102134 $2,434.90 (GST inclusive)
11/02/2021 Inv# 102255 $5,413.54 (GST inclusive)
6/05/2021 Inv# 103514 $3,337.12(GST inclusive)
9/06/2021 Inv# 104085 $2,089.39 (GST inclusive)
12/07/2021 Inv# 104547 $726.00 (GST inclusive)
- When verifying invoices by Solicitor Adrian Mueller, one can confirm, beyond reasonable doubt, that he was not engaged at any legally-convened meeting, and made claims that were not approved. His assertions are just that - assertions without facts. It seems, based on limited access to strata files so far, that insurance broker and insurance company failed to verify the following:
- Proof of validity of Annual General Meeting 2020 that allegedly approved engagement of Solicitor Adrian Mueller,
- Proof of validity of committee meetings in 2020, 2021, and 2022 (none of them were SSMA 2015 and SSMR 2016 compliant),
- Proof of unredacted emails sent/received by Solicitor Adrian Mueller in NCAT case SC 20/33352,
- Proof of documents created by Solicitor Adrian Mueller in NCAT case SC 20/33352,
- Why there are six different versions of Solicitor Adrian Mueller's costs,
- Proof why Solicitor Adrian Mueller started Supreme Court cost recovery against Lot 158 when knowing that costs were already recovered through insurance claims,
- Why Waratah Strata Management initiated insurance claims AFTER the renewal of premiums in October 2020, in spite of knowledge of pending NCAT case as early as July 2020.
- Waratah Strata Management was requested to reimburse insurance company for the full amount of $19,758.14 on 8 June 2022. Refer to attachment "20220608-ACCESS TO MISSING DOCUMENTS AND PROPOSAL TO SETTLE_ SP52948 and Lot 158 on 8Jun2022-1843.pdf". No response was received and it appears insurance company was not notified. SP52948 Balance Sheet today still lists the insurance payment as income.
This email is sent to you to recover your payment in full as soon as practicable.
At the same time, this email, and the rest of evidence will be submitted to Supreme Court in next couple of days.
Regards,
On 6/5/22 12:21, SP52948 owner wrote:
Good afternoon,
This is very sensitive and complex investigation.
Due to my skills in forensic investigations, and duty to protect Australian financial systems, I have ability to do research that most others cannot match.
Insurance claims are just a small part of the problem, but significant enough due to seriousness of the alleged claims.
I allege that five insurance claims Solicitor Adrian Mueller was part of in last 10 years were premeditated and not opportunistic. It is considered at law to be a serious indictable offence where the penalties can be imprisonment for up to 10 years or a substantial fine or both.
The evidence I collected is irrefutable and satisfies both "on the balance of probabilities" and "beyond reasonable doubts" requirements for prosecutions. Any assistance that is required from my side can be provided.
Insurance claims cost everybody and must if there is a suspicioon of fraud, it must be investigated.
1. Note that Solicitor Adrian Mueller, is subject of Office of Legal Services Commissioner misconduct case CAS006791 (Solicitor Adrian Mueller’s predictive behaviour, contempt of court, falsified documents, and insurance claims in two CTTT/NCAT cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020 (SC 20/33352, conducted by Tribunal member G.J. Sarginson).
2. Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence:
1) Coerce Tribunal he was legal representative of Respondent without offering evidence of valid procedure for his Standard Costs Agreement or legally-compliant meetings of Respondent,
2) Suggest to Respondent use of insurance claims for his legal costs,
3) Send secret defamation threats to Applicant before two Tribunal Hearings as an attempt of intimidation and deterrent,
4) Prevent 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) 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) Prevent Respondent from attending Hearings and coercing Tribunal to ignore Applicant’s evidence due to Respondent’s absence,
8) Actively support threats (even death threats) to Applicant, without taking actions to prevent such behaviour,
9) Bring no evidence at Hearings and deny/refute all Applicant’s statements (without offering any files to counter their claims),
10) Co-operate with Respondent to submit false insurance claims for his legal costs (four claims) in CTTT SCS 12/32567 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,
11) 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,
12) Coerce 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,
13) Attempt 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 meetings in 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),
14) Prevent 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.
3. This email is just a brief summary of events related to CTTT SCS 12/32675 and NCAT 20/33352. Full evidence, collected over 10 years at these secure websites (including certified audio recordings of CTTT SC 12/32675 and NCAT SC 20/33352):
https://www.vk2cot.id.au/NCAT-20-33352/
https://www.vk2cot.id.au/NCAT-20-33352/
https://www.vk2cot.id.au/CA2022-70683
Solicitor Adrian Mueller used silence as his defence, or providing statements that had no evidence. Such actions can bring penalties against lawyers, as Legal Services Commissioner v Yakenian [2019] NSWCATOD [98] proved: a solicitor of Fairfield in western Sydney, neighbour of Cabramatta and Villawood. He was referred to the NSW Legal Services Commissioner by District Court Judge, her Honour Wass DCJ. The defendants’ solicitor requested particulars of Mr Yakenian’s builder client’s statement of claim and said the defendants would provide defences within a reasonable time after the particulars were given. They invited the solicitor to advise them if he had any difficulty with this course. He did not do so. There was also talk of a security for costs application.
4. Solicitor Adrian Mueller was approached to submit responses and offer assistance to OLSC on 7 March 2022 (including evidence of what information he had provided to owners corporation SP52948 and insurance company in regards to his conflict of interest to represent owners). He silently declined to respond.
5. Without approval at any legally convened meeting, Solicitor Adrian Mueller initiated two parallel processes to recover legal costs for his alleged work in NCAT case SC 20/33352:
a) Insurance claims (attachment "Solicitor-Adrian-Mueller-involvement-in-legal-costs-recovery-from-insurance-NCAT-case-20-33352.png"),
b) Threats and claims through Supreme Court against my husband and myself.
Without disclosing this information to Supreme Court, Solicitor Adrian Mueller failed to report sudden insurance claim in amount of $19,758.14 (on 25 March 2022 Waratah Strata Management listed revenue from insurance claims in amount of $19,758.14 in Income & Expenditure Report), whilst also trying to force payments for same legal costs from myself:
• Income & Expenditure Report listed all legal costs in period from 1 September 2021 to 21 March 2022 as $380.00 and no insurance claims for legal costs (attachment "SP52948-Income-and-Expenditure-Report-1Sep2021-to-21Mar2022.pdf"),
• Income & Expenditure Report listed all legal costs in period from 1 September 2021 to 24 March 2022 as $4,128.71 and no insurance claims for legal costs (attachment "SP52948-Income-and-Expenditure-Report-1Sep2021-to-24Mar2022.pdf"),
• Income & Expenditure Report suddenly listed all legal costs in period from 1 September 2021 to 25 March 2022 as $4,128.71 and insurance claims for legal costs as 19,758.14 ("SP52948-Income-and-Expenditure-Report-1Sep2021-to-25Mar2022.pdf").
6. Attachment "Costs-Respondent-letter-to-Ms-Julie-Wright-5Aprl2022.pdf" contain evidence for Supreme Court Cost Assessor, where Solicitor Adrian Mueller initiated costs recovery without approval of owners corporation at any legally-conducted meeting.
Solicitor Adrian Mueller ignored this document and declined to assist Supreme Court with evidence of his alleged work.
7. Solicitor Adrian Mueller submitted three versions of his alleged costs in NCAT case SC 20/33352 which not only differ from each other, but also have no evidence of statements:
Attachment "Solicitor-Adrian-Mueller-invoices-for-NCAT-case-20-33352-as-per-email-dated-12Jul2021.pdf"
Attachment "Solicitor-Adrian-Mueller-invoices-for-NCAT-case-20-33352-as-per-email-dated-7Feb2022.pdf"
Attachment "Solicitor-Adrian-Mueller-invoices-for-NCAT-case-20-33352-as-per-email-dated-25Mar2022.pdf"
Solicitor was directly asked to justify his costs claims as per attachments "CAS006791_1-PART-9-Strong-case-for-Solicitor-Adrian-Mueller-being-accessory-before-and-after-insurance-fraud-five-times-CTTT-12-32675-and-NCAT-20-33352.pdf" and "CAS006791_1-Part-9-Questions-on-Validity-of-Solicitor-Adrian-Mueller-Legal-Cost-Items-NCAT-20-33352.pdf". The document contains brief summary of strong case for five fraudulent insurance claims involving Solicitor Adrian Mueller in CTTT cases SCS 12/32675, SCS 12/50640, and NCAT case SC 20/33352. Solicitor did not respond.
At NCAT document search on 8 March 2022, we found out that there was NO EVIDENCE of alleged Solicitor's correspondence with NCAT in December 2020, and when Solicitor was directly challenged to prove his costs to Supreme Court and myself, he stayed silent. Attachment "PARAGRAPH-41.1-NCAT-20-33352-submissions-and-document-report-from-18Aug2020-to-9Jun2021-for-document-search-photo-1-8Mar2022.jpg".
8. On 20 April 2022, on the last day of submissions, Solicitor submitted two-page "defence" near the end of business hours, hoping that we would not have time to respond.
Attachment "Letter to Ms J Wright - Costs Assessor-Mueller-14Apr2022.pdf" has proof that Solicitor falsified date of the document creation: document was last updated on 14 April 2022, but Solicitor put date of 20 April 2022 in the header.
Solicitor did the same for NCAT in email on 25 January 2021 - he falsified date of the document (attachment "Respondents Outline of Submissions-25Jan2021.pdf"). He put date on 25 January 2021 whilst the document was last updated on 24 December 2020.
Solicitor Adrian Mueller received attachment "Costs-Respondent-letter-to-Ms-Julie-Wright-20Apr2022.pdf" and he did not refute or offer any response.
Regards,
On 26/3/21 16:39, SP52948 owner wrote:
Good afternoon,
At NCAT Hearing on 11 February 2021, none of six members of the executive committee attended and strata manager failed to show up too. Tribunal member actually called the strata manager several times, who failed to respond.
As well, before and during the Hearing, committee members, strata manager, and the Solicitor provided absolutely no defense based on any evidence and could not refute evidence offered by us.
Solicitor Adrian Mueller could not provide, and did not provide, any evidence of his retainer during the Tribunal Hearing. Validity of legal engagement is not only questionable, but also done at general meetings that did not comply with strata regulations.
Waratah Strata Management was asked to notify SUU Insurance about it (see attachment), and it appears they failed to do it.
Regards,
On 10/2/21 4:56 pm, SP52948 owner wrote:
The attachment shows the seriousness of attempts to prevent insurance companies from having information about fraudulent claims...
On 10/2/21 1:52 pm, SP52948 owner wrote:
Good morning Mr. Di Biasi and SUU team,
These are very serious allegations and evidence allows us to warn you.
a) As predicted, Waratah Strata Management and committee members are again trying to claim legal costs for Solicitor Adrian Mueller, who did not prove he was legal to represent owners corporation in pending NCAT case 20/33352.
Attachment "SP52948-minutes-EC-meeting-4Feb2021.pdf" that was published for owners only today (10 February 2021), contain the following statement in Motion 3:
NCAT Application lodged by Lot 158 - JS Mueller & Co have prepared and lodged the Owners Corporation response to the NCAT Application lodged by the owners of Lot 158. An NCAT Hearing is taking place on 11 February and will be attended by Adrian Mueller on behalf of the Owners Corporation. A Legal Defence insurance claim has been lodged on behalf of the Owners Corporation, with a decision on that claim still to be made by the insurance company.
b) Evidence that Solicitor Adrian Mueller was engaged at any legally-convened general meeting has neither been provided to owners or NCAT. So far, no owner or NCAT have received a copy of Standard Costs Agreement too.
c) Owners were disallowed from receiving information that NCAT has been requested to strike out Solicitor Adrian Mueller from the proceedings (attachment "20210202-NOTIFICATION FOR ALL OWNERS_ SP52948 NCAT case 20_33352 - NCAT asked that Solicitor Adrian Mueller be struck out of the proceedings-35713-2.pdf").
d) Five members of the committee declined to inform owners or prevent illegal use of common funds (attachment "20210209-SUMMARY_ NCAT SC 20_33352 Requests assisting Trubunal ignored so far - 9Feb2021-35822.pdf").
e) We again emphasize that the committee and previous strata agency (BCS Strata Management) tried to involve SUU in what we claim to be fraudulent insurance claims (it took us eight years to collect full evidence).
In 2012, SUU declined to quote insurance renewal due to high risk in legal case (attachment "SP52948-SUU-declined-to-quote-legal-case-and-CHU-worried-about-water-leaks-Sep2012.msg" was already sent to you in previous email).
As of 2020/2021, after eight years, evidence has been collected for NCAT case 20/33352 detailing four fraudulent insurance claims in 2012/2013 amounting to above $26,000.00, where CHU Insurance (without having evidence) forced repayment in amount of $8,800.00 in March 2017.
The allegations of fraudulent insurance claims also contain irrefutable evidence of false statements in Statutory Declaration to CTTT in 2013 and Affidavit to District Court in 2014.
Evidence of many other problems in the complex (more than 700 pages and several hundred videos) have been submitted to NCAT for Hearing in February 2021.
Waratah Strata Management and the committee members failed to provide ANY response to us or NCAT by due date 20 November 2020 and did not submit any evidence to refute the claims of misappropriation of funds, illegal tenders and non-compliant meetings, fire safety problems, and much more.
Regards,
On 1/1/21 6:26 pm, SP52948 owner wrote:
Good afternoon,
Happy and prosperous 2021.
We wonder if your company was informed about very serious NCAT case, pending in February 2021 (SC 20/33352). Over 700 pages of evidence was provided to court, whilst strata manager and the committee members failed respond, refute, or provide any evidence to counter claims of misappropriation, mismanagement, and poor maintenance (including evidence of four fraudulent insurance claims in 2012/2013).
Attachment "SP52948-dubious-insurance-policy-disclosures-for-owners-in-2020.pdf" contain indisputable evidence of how owners and investors are prevented from having full information about insurances and risks.
Attachment "SP52948-roof-repairs-15-year-warranty-impossible-due-to-long-term-neglect-Kintyre-quote-12Sep2014.png" contains extract from two Kintyre quotes for roof membranes upgrades on buildings Block B and Block D in 2014 and 2015, which clearly stated that due to long-term neglect warranties decreased from 15 to 5 years only. Two other attachments ("QUO00036643-Block-B-quote-half-roof-Kintyre-12Sep2014.pdf" and "QUO00039042-Block-D-quote-half-roof-Kintyre-4Mar2015.pdf" contain full details).
As of early 2021, both warranties expired and any future repair of roofs in Block B and D will either be somehow be covered by insurance (!?) or from owners corporation funds.
To make things worse, for the last 24 years buildings Block A and Block C never had proper, full upgrade of roof membranes and they are long overdue, especially since Napier & Blakeley's professional report in 2012 recommended it. BCS Strata management and committee members hid that report from Fair Trading NSW, CTTT, and District Court.
Attachment for just one top-floor unit in Block A ("SP52948-Lot-191-Examples-of-Repetitive-Water-Leak-Repairs-without-Permanent-Results-2011-Sep2018.pdf") documents more than 20 water-related repairs over seven years (and there could possibly be more of them but these details are hidden by strata manager).
There is so much more that can be provided to you if need be.
Regards,
On 22/12/20 6:36 pm, SP52948 owner wrote:
Hi,
Of course. We are happy for you to proceed further.
It is duty of every law-abiding citizen to help enforcement of laws and help if they have knowledge of events that need to be investigated.
Best wishes,
Lot 158
On 22/12/20 3:45 pm, Ross Di Biasi wrote:
Hello,
Thank you for your email below.
To assist us with our investigations into the issues noted, do you authorise us to discuss the contents of your email with the Insurance broker assigned to this account (body Corporate Brokers)?
We await your response, and thank you again.
Ross Di Biasi
Complex Underwriting Specialist
SP52948 owner
Sent: Friday, December 18, 2020 9:04:24 PM (UTC+10:00) Canberra, Melbourne, Sydney
To: SUU Info
Subject: HIGH-PRIORITY CONFIDENTIAL REPORT Strata Plan SP52948 Insurance for FY 2021
Good evening,
At this stage, this is sent in confidence so that you can do your own investigations. Please keep this confidential as there are many parties that are being investigated.
Action
We live in Macquarie Gardens large strata complex in Macquarie Park (strata plan SP52948) which allegedly has insurance policy with Strata Unit Underwriters since 21 September 2020.
As per attachment "Insurance-as-at-18Dec2020.pdf", none of 218 owners has any access to the full policy.
There are several concerns that your agency might no be aware of, and deserve your immediate attention:
- In 2012, you declined to quote due to high risk in legal case (attachment "SP52948-SUU-declined-to-quote-legal-case-and-CHU-worried-about-water-leaks-Sep2012.msg"). As of 2020, after eight years, evidence has been collected for NCAT case 20/33352 detailing four fraudulent insurance claims in 2012 amounting to above $26,000.00, where CHU Insurance (without having evidence) forced repayment in amount of $8,800.00 in March 2017.
The allegations of fraudulent insurance claims also contain irrefutable evidence of false statements in Statutory Declaration to CTTT in 2013 and Affidavit to District Court in 2014.
Evidence of many other problems in the complex (more than 700 pages and several hundred videos) have been submitted to NCAT for Hearing in February 2021.
Waratah Strata Management and the committee members failed to provide ANY response by due date 20 November 2020 and did not submit any evidence to refute the claims of misappropriation of funds, illegal tenders and non-compliant meetings, fire safety problems, and much more.
- Since 2012, no owner has been allowed, for example, to have information that insurance companies imposed $10,000.00 excess for each and every claim related to water damages.
- On 29 November 2020, frame with windows was blown out from sunroom from Lot 190 on seventh floor (photos enclosed). The frame smashed on the ground and missed children playing near BBQ area just several meters away.
Even more, this is the second time such event occurred, where Lot 82 lost whole frame in 2011 (see attachment "BCS-Strata-Management-secret-insurance-claims-and-costs-2011.PNG".
No serious engineering action to check other units occurred since 2012 (refer to attachment "20201218-UPDATE REQUESTED_ Major incident report SP52948 Lot 190 Sunroom frame blown away on 29Nov2020-35141.pdf").
Attempts to force proper actions were ignored by Waratah Strata Management three times (attachment "20201218-UPDATE REQUESTED_ Major incident report SP52948 Lot 190 Sunroom frame blown away on 29Nov2020-35141.pdf").
Impact
Safety of all occupants, and enforcement of laws is of utmost priority. In addition, avoidance of increasing insurance costs is a must too, which can ONLY be achieved through proper, proactive management of the complex.
Desired Outcome
SUU is being kindly asked to review the attachments, and send any questions if required.
Be aware that NCAT and we might call upon SUU to provide evidence of any insurance claims that might arise out of the above incidents and events in court (including the rejected insurance claims).
Regards and best wishes to stay safe during these difficult Covid-19 times,
Lot 158
