Welcome to the blog of NSW strata investigative journalism
| From: | SP52948 owner |
|---|---|
| To: | Adrian Mueller, Carol Pollard |
| CC: | olsc@justice.nsw.gov.au, Moses Levitt, John Gore, Thomas Karolewski, Jeffery Wang, Stan Pogorelsky |
| Subject: | OLSC case CAS005901 - Request for Solicitor Adrian Mueller to respond with evidence on 8Feb2022 |
| Date: | 8/2/22, 09:45 |
Good morning,
This email is BCC-ed to five current and previous members of SP52948 committee (witnesses of past events) and Office of Legal Services Commissioner (reference CAS005901):
Ms. Carol Pollard is the recipient as well because security logs shows that she sent email to us at 15:07 hours yesterday:
Feb 7 15:07:57 myhost sm-mta[62332]: 21745vYj062332: from=CarolPollard, size=2259703, class=0,Official response to Solicitor's alleged costs shall be provided through separate legal services.
In parallel to it, there are many outstanding issues in relation
to professional misconduct of Solicitor Adrian Mueller. This
email, which is just a tip of the iceberg, contains our
allegations of serious misconduct by Solicitor Adrian Mueller, and
requests that a response be provided to all listed parties.
Solicitor Adrian Mueller cannot make any cost claim against
SP52948 or Lot 158 for responding to this email because this is an
official submission as part of OLSC case.
To list some of the outstanding issues:
1) Solicitor Adrian Mueller and SP52948 failed to respond to
repeated attempts to deal with alleged costs in NCAT case 20/33352
numerous times, with direct intention to waste court time, incur
costs, defend own illegal and unprofessional actions, and prevent
access to strata files:
2) Solicitor Adrian Mueller and SP52948 have not responded to O'Brien Criminal & Civil Solicitors dated 24 April 2020 (attachment "Lot158Letter24April.pdf"). It is coming close to two years that the request is outstanding.
The commitment to respond to O'Brien Solicitors was listed in
Minutes of committee meeting dated 7 May 2020, where it said:
"Legal advice regarding Lot 158, including acceptance of
barrister fee proposal - Subject to amendments required
to the content of the costs agreement, the strata manager is
instructed to sign the costs agreement under common seal
for and on behalf of the Owners Corporation. The
barrister is also to be requested to respond to the letter
received from O'Brien Criminal & Civil Solicitors on
behalf of Lot 158."
Unnamed barrister was part of Solicitor Adrian Mueller's team.
3) Solicitor Adrian Mueller failed to comply with CTTT/NCAT
orders six times in period 2012 to 2021:
Attachment
"SP52948-Solicitor-Adrian-Mueller-failed-to-comply-with-Tribunal-orders-six-times-whilst-not-authorised-to-represent-owners-corporation-in-period-2012-to-2021.pdf"
4) Painstakingly collected evidence over eight years has full evidence that satisfies both "on the balance of probabilities" and "beyond reasonable doubt" requirements for further investigations and law enforcement actions against Solicitor Adrian Mueller, who prevented CTTT/NCAT/District Court/Police/Office of Legal Services Commissioner in their investigations in cases SCS 12/32675, 12/50460, and SC 20/33352:
Further claim with evidence: On 4 July 2012, owners corporation
had no funds to pay $14,056.90 which was approved by strata
manager Paul Banoob for creditor code 69633, so BCS Strata
Management secretly ordered injection of $50,000.00 from an MBL
account (several days later, at alleged committee meeting in Lot
181 unit, who was unfinancial at the time, approved engagement of
Solicitor Adrian Mueller without owners corporation knowledge -
that meeting was later found out to be completely illegal and to
this day
agenda and minutes of the meeting do not exist in strata files).
On 1 August 2012, strata manager secretly changed the insurance
policy for the complex and then made four claims for “legal
costs”, which were used for paying Solicitor Adrian Mueller:
$367.64 on 31 August 2012
$12,714.65 on 7 December 2012
$1,320.00 on 26 April 2013
$10.517.02 on 4 June 2013
In 2021, SP52948 tried again to claim legal costs for Solicitor Adrian Mueller, which were declined by the insurer.
5) Solicitor Adrian Mueller and Waratah Strata Management used so-called "Unreasonable Communications" four times before NCAT Hearing in case SC 20/33352 and once after the Hearing (strata managers, committee members and Solicitor Adrian Mueller failed to disclose it to the NSW Fair Trading and Tribunal):
Tribunal made the following statement in Paragraph 61 for NCAT
case 20/33352:
"Special By-law 11 does not prevent Lot owners from attending
meetings of the owners corporation, nor putting forward Motions
to be considered at general meetings; nor bringing proceedings
in the Tribunal."
The Special By-Law, devised by Solicitor Adrian Mueller, went as
far as to prevent all 218 owners to force the Solicitor to assist
Police investigations and enforce proper management of the complex
- examples form 2017 and 2018:
Attachment "SP52948-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2017.pdf"
Attachment "SP52948-Solicitor-Adrian-Mueller-provided-advice-to-prevent-Motions-by-Lot-158-to-be-listed-in-agenda-AGM-2018.pdf"
6) Solicitor Adrian Mueller and committee members are directly
responsible or had fully knowledge and took no action to prevent
repeated threats, intimidation, harassment, and even a death
warning to the Respondent. Respondent failed to inform NCAT about
it and, by not attending the Hearing, coerced the Tribunal to
ignore the Applicant's evidence. File provided to committee
members on 30 August 2021. No response was received:
SP52948-serious-threats-to-Lot-158-due-to-strata-mismanagement-investigations-Aug2021.pdf
Solicitor Adrian Mueller knowingly ignored evidence of continuous threats (including anonymous death threat which was reported by CTTT in 2013 twice and completely ignored), stalking, exposure to ridicule, and harassment that we had to endure simply because of uncovering serious strata mismanagement in large strata plan SP52948:
Example from submission by now-deceased committee member in file SCS 11/00711 dated 14 February 2011:
"Also as Australia is a democracy it is a free decision of each owner whether to attend the meetings or not, not a dictatorship Mr DB was educated under by Marshall Tito of Yugoslavia."
"We have not yet obtained legal advice, but it is possible that MDB is in breach of this Deed of Settlement by making his current current allegations to Police...
The strata committee re extremely concerned that DB is continuing to waste Police time on these false accusations."
“A letter has been received by the SC from a resident objection to DB taking photographs of her residence. He has also been seen searching through Recycle Bins on the property. Residents are advised to shred all personal documents disposed of in the recycle bins. DB has also conducted an inspection of the OC records held by the strata manager (as all owners are entitled, but has then disclosed personal information in his emails to owners. Legal advice is currently being obtained to advise the SC how to legally prevent this behaviour.
DB has previously made accusations to the Police against past and present members of the committee and employees of the Building Manager. On Police examinations of his claims they dismissed his charges as baseless.
However, DB is at present facing a charge of assault against one of the employees of the Building Manager. You are encouraged to ignore his misinformed, inaccurate and twisted version of events. Correspondence such as that being distributed by DB has a serious impact on the harmony within the property and the value of your units.”
Horrible accusations, in spite of strata manager and committee members knowing they were false and utterly fabricated (I also provided to NCAT Police oral and written statement which proves the above statements were false).
“The Executive Committee will discuss and alter or confirm the minutes of the previous committee meeting at the next available committee meeting. Your request for alteration of the minutes will be discussed at that meeting.
You are not permitted to speak directly with CHU Insurance. You have no authority to speak to them and must direct your concerns to the strata manager who will pass your concerns on to CHU if appropriate.”
“Use of visitor parking spaces and Council parkland - It is noted that the owners of Lot 158 have lodged multiple complaints with Council about residents use of the Council parkland at the rear of the property for parking. As a result of those complaints Council are now preventing residents from using that area for parking. It is also noted that the Owners Corporation will no longer be permitted to maintain that parkland and that Council will only mow the area every 2 - 3 months, so the area is likely to become overgrown and attract mice, rats, snakes and other vermin."
“An Owners Corporation is a democracy – everyone has a say and everyone a vote and the majority rules. 218 owners in SP 52948 are very happy with the operation of the Owners Corporation and its strata committee. One owner thinks all of the other owners are idiots or thieves. Why should the OC and SC have to continue to respond to and waste its time and resources on one recalcitrant, obsessive owner.”
“Some of the SC members have expressed concern about the information provided to you being provided to Lot 158, specifically the Strata Roll, including the owners contact details. Lot 158 has for many years emailed many of the owners that he has been able to obtain email addresses for…The SC understands that Lot 158 is entitled to obtain a copy of the Strata Roll when he conducts a strata inspection, but he is not entitled to a copy of the owners contact details…”.
11 days later, Lot 158 was not given any access to Strata Roll whilst in strata manager’s office.
"You may not understand the concept of a democracy, but at the legally convened Annual General Meeting a ballot was held to elect the strata committee in accordance with the Strata Schemes Management Act at which time 9 owners received 65 votes each and you received 1 vote – your own. You must be delusional if you think you are a validly elected member of the “Executive Committee.”
7) On 14 November 2019, Solicitor Adrian Mueller, in one of
number of attempts to run scare-mongering against Lot 158, wrote
to O'Brien Criminal & Civil Solicitors, directly confirming
that SP52948 would not allow access to strata files and even
questioned reasons why Lot 158 would want the files:
"The
representatives of the owners corporation are mindful of the
expense of defamation litigation.
However, they
consider that litigation is likely to be the only way to
resolve the dispute between the parties particularly if
Lot 158 do not enter into the Deed of Settlement and Release
that was given
to them. The representatives of the owners corporation
certainly have the fortitude to litigate.
Turning to
the requests set out in your letter, the representatives of
the owners corporation have instructed us to reject them. They do not
see why Lot 158’s entry into the deed should be
conditional on
those requests being met.
Lot 158
has undertaken repeated inspections of the records of the
owners corporation. The
representatives of the owners corporation consider that all
available records of the owners corporation were made available to Lot 158
during those inspections as a result of which if Lot 158
does not
have any records that he desires that is because those records
are likely not available.
Equally
importantly, if Lot 158 is truly prepared to confine his
communications to matters relating to the maintenance and repair of
lot 158 only, and to cease and desist from disseminating what
the
representatives of the owners corporation consider to be
defamatory material about them, then what is the purpose of Lot 158
pressing for the records to be produced to him?
In the circumstances, the representatives of the owners corporation do not consider that there is any merit in Lot 158’s request for those records to be provided to him and they are not prepared to agree to the request."
Solicitor is fully aware of the following FULLY PAID document
searches that failed to gain access to strata files, in spite of
strata laws and regulations:
8) Solicitor Adrian Mueller attempted to use defamation threats
as deterrent for Lot 158 (none of them achieved anything, never
went to court, and forced settlement were never signed by Lot
158):
Solicitor Adrian Mueller secret defamation threat to Lot 158
without facts, trying to prevent CTTT case SCS 12/32675 on 10
September 2012.
Adrian-Mueller-defamation-threat-with-Deed-of-Agreement-prepared-in-advance-for-AGM-17Oct2019
without owners corporation approval or knowledge before the
general meeting. Solicitor Adrian Mueller was secretly engaged by
Waratah Strata Management and committee in September 2019 with
plans to spend $150,000.00 from common funds to allegedly defend
Waratah Strata Management, Uniqueco Property Services, and
committee members. In period from 1 September 2019 to 31 August
2020 (FY 2020), lot of activities by Solicitor Adrian Mueller and
undisclosed barrister were related to alleged defamation threats
against Lot 158 and yet only $2,940.00 was listed for legal costs
in whole of FY 2020.
Solicitor Adrian Mueller threat of defamation case on 21 October
2020 (in attempt to frighten Lot 158 before NCAT case 20/33352).
Reply from Solicitor never arrived.
In period from 1 September 2019 to 31 August 2020 (FY 2020), lot
of activities by Solicitor Adrian Mueller and undisclosed
barrister were related to alleged defamation threats against Lot
158 and yet only
$2,940.00-listed-for-legal-costs-in-whole-of-FY-2020.
In 2017, in spite of knowledge that three committee members were
illegal to vote and could not be members of the committee,
Solicitor Adrian Mueller initiated alleged defamation against Lot
158. The letter sent by three unfinancial committee members is in
attachment
"SP52948-EC-letter-to-owners-whilst-three-members-unfinancial-and-not-legal-to-be-on-the-committee-21Jul2017.pdf".
Minutes of committee meting dated 20 July 2017 state:
"The substantial volume of correspondence directed to owners
and the strata committee received from Lot 158 was tabled
and discussed. Resolved that a formal response that is to be
sent to all owners to refute the incorrect claims and personal
accusations made by Lot 158 is to be prepared. Further
resolved that JS Mueller & Co are to be appointed to provide
legal advice to the Owners Corporation as to its options for
restraining Lot 158 from publishing potentially
defamatory material about strata committee members and others at
an estimated cost of $3,500 + GST. Further resolved that JS
Mueller & Co are to be appointed to peruse Lot 158's
proposed general meeting motions at an estimated cost of $1,750
+ GST."
9) During 2021 and now 2020, financial status of funds in SP52948
is a cause of serious concerns and Solicitor Adrian Mueller is
well aware that trying to litigate is very dangerous, especially
since he refuses to communicate:
SP52948 Balance Status on 29 January 2021 (12 days before NCAT
Hearing on 11 February 2021), Admin Fund negative balance of
$18,859.76
SP52948 Balance Status on 25 April 2021, Admin Fund negative
balance of $24,560.03
SP52948 Balance Status on 31 July 2021, Admin Fund negative
balance of $22,323.34
SP52948 Balance Status on 8 December 2021, Admin Fund holding
just $1,263.46 (close to two months before next collection of
levies is due on 1 February 2022)
SP52948 Balance Status on 24 December 2021, Admin Fund has
negative balance of $49,429.69 (more than one month before next
collection of levies is due on 1 February 2022)
SP52948 Balance Status on 7 January 2022, Admin Fund has negative
balance of $53,036.39 (one month before next collection of levies
is due on 1 February 2022)
SP52948 Balance Status on 19 January 2022, Admin Fund has
negative balance of $112,530.07 (11 days before next collection of
levies is due on 1 February 2022)
SP52948 Balance Status on 30 January 2022, Admin Fund has
negative balance of $116,068.14 (2 days before next collection of
levies is due on 1 February 2022)
SP52948 Minutes of committee meeting on 23 September 2021 - shortage of $1,515,541.00 in Capital Works Fund against the forecast in April 2017 that was allegedly approved without general meeting. Annual general meeting was held on 28 October 2021, and no owner received email or printed copy of rushed updates to Capital Works Fund which simply delayed all major repairs, effectively made balance looked artificially positive. Agenda for AGM 2021 was dispatched on 7 October 2021 and BIV's updated Capital Works Fund plan was created a day earlier but not presented to owners corporation to approve or vote at general meeting on 28 October 2021
10) Solicitor Adrian Mueller used the same principle of not
allowing strata manager and committee members to attend Hearing in
CTTT case SCS 12/32675 and SC 20/33352 and coercing the Tribunal
to exclude the Applicant's evidence and strike out orders due to
Respondent's absence, in spite of each party being aware of the
Hearing dates several months in advance.
In CTTT case SCS 12/32675 Solicitor Adrian Mueller provided false
statements to Deputy Chairperson Mr. Harrowell that Lot 3 (part
of proceedings) could not attend as he was overseas. Mr. Harrowell
then declined to consider Lot 3 in the case due to his alleged
absence. Luck had it that the same evening when Hearing was
conducted Lot 3 was physically present and CTTT was notified about
it. Attachment
"faxcoversheet-SCS-12-32675-False-Statement-for-Order-4-Hearing-19Oct2012.doc"
shows complaint abput Solicitor's lie dated 19 October 2012.
11) By preventing Lot 158 Motions at AGM 2017, 2018, 2019, and
2020, or owners allegedly voting against a few ones that were
"allowed" to be included in the agenda for general meetings,
Solicitor Adrian Mueller, in essence, prevented ratification of
past events - making all expenses and engagement of Solicitor
Adrian Mueller illegal, contracts illegal, and so on.
Ratification of a lawful contract has a retrospective effect, and
binds the principal from its date, and not only from the time of
the ratification, for the ratification is equivalent to an
original authority, according to the maxim, that omnis ratihabitio
mandate aeguiparatur (ratification is equivalent to express
command).
As a general rule, the principal has the right to elect whether he
will adopt the unauthorized act or not. But having once ratified
the act, upon a full knowledge of all the material circumstances,
the ratification cannot be revoked or recalled, and the principal
becomes bound as if he had originally authorized the act. The
ratification must be voluntary, deliberate, and intelligent, and
the party must know that without it, he would not be bound.
12) Lot 158, as owner with fully paid levies at all times, has
been, legally, valid member of the committee in many of last eight
years. Solicitor Adrian Mueller has full knowledge of it:
Attachment "20191027-Re_NSW Fair Trading - Reference Numbers 9363613 and 9761719 - HONEYPOT TRAP_ Lot 158 is legal member of the Executive Committee for last two years-630.pdf"
13) and much more.
Regards,
