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| From: | SP52948 owner |
|---|---|
| To: | NCATCCDSydney |
| Subject: | ESCALATION OF REQUEST - PART 3 - COPIES OF Respondent files and Audio recording of Hearings in File No. SC 20/33352 |
| Date: | 30/8/21, 11:33 |
Not only Applicant has concerns and problems with maintenance in
the complex, but that applies to all owners too.
Applicant has absolute proofs that Solicitor Adrian Mueller lied and 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 whilst not legally approved to represent owners corporation.
Applicant is willing and offers assistance to bring to justice the Respondent and Solicitor Adrian Mueller for repeated efforts to pervert course of justice, abuse court processes, and cause significant costs.
On 30/8/21 10:09 am, SP52948 owner wrote:
Good morning,
Lack of responses from the Respondent and NCAT directly endanger safety, well-being, and value of property of the Applicant, along with many other owners in SP52948.
Due to size of some of the attachments, the escalation of our request is sent in several parts today.
We now wish to escalate, with high priority, the request dated 25 July 2021 (audio copy of Directions Hearing on 25 September 2020, audio copy of Hearing on 11 February 2021, and all unredacted files that the Respondent and Solicitor Adrian Mueller shared with NCAT in file SC 20/33352) under reasonable suspicion that the Respondent failed to act with duty of care and are, directly or indirectly, involved in threats and discrimination against the Respondent, are assessory and parties to crime: false statements to District Court, CTTT, Fair Trading NSW, Police, and Office of Legal Services Commissioner, financial mismanagement, fraudulent insurance claims, allowing significant financial losses to SP52948 owners corporation and the Respondent.
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.
NSW courts are empowered by the provisions of section 99 of the CPA to disallow costs to a party, or direct a practitioner to pay costs, if it appears to the court that costs have been incurred by the serious neglect, serious incompetence or serious misconduct of the practitioner, or improperly, or without reasonable cause, in circumstances for which a legal practitioner is responsible. This wide power to award costs personally against legal practitioners is in accordance with the overriding purpose as set forth in sections 56–60 of the CPA, and which requires the parties and their representatives to assist the court to further the just, quick and cheap resolution of the real issues in the proceedings: Furlong v Wise & Young Pty Ltd [2016] NSWSC 647, Stevenson J Lemoto at [92] and Ideal Waterproofing Pty Ltd v Buildcorp Australia Pty Ltd [2006] NSWSC 155.
In the first email today, the following attachments are submitted:
a) Solicitor Adrian Mueller and the Respondent 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:
SP52948-serious-threats-to-Lot-158-due-to-strata-mismanagement-investigations-Aug2021.pdf
b) Submission to Office of the Hon. Anthony Roberts, Minister for Fair Trading, reporting death threat and serious concerns of misconduct in CTTT files SCS 102/32675 and SCS 12/50460 on 22 March 2013. Respondent failed to inform NCAT about it and, by not attending the Hearing, coerced the Tribunal to ignore the Applicant's evidence:
NSW-Minister-reference-FTMIN13-561-promise-to-investigate-death-threat-and-other-issues-in-CTTT-cases-12-50460-and-12-32675-22Mar2013.pdf
c) Complaint to CTTT about Tribunal member Ms. Thode ignoring death threat against the Applicant at Directions Hearing on 25 November 2013. This Directions Hearing was attended by committee member Mr. Moses Levitt. Mr. Levitt 2013 was unfinancial to vote or be a member of the committee in 2013, as proven in evidence to NCAT. Respondent failed to inform NCAT about it and, by not attending the Hearing, coerced the Tribunal to ignore the Applicant's evidence:
SP52948-Single-file-for-extension-of-time-CTTT-13-50737-complaint-about-CTTT-bias-46-pages-including-Thode-ignorance-15Nov2013.pdf
d) "Unreasonable Communications" Special By-Law was used five times (four before the SC 20/33352 Hearing and once after the Hearing), in attempt to prevent the Respondent to enforce compliance with laws and good management of the strata complex. Respondent failed to inform NCAT about it and, by not attending the Hearing, coerced the Tribunal to ignore the Applicant's evidence:
SP52948-used-Unreasonable-Communications-Special-By-Law-against-Lot-158-five-times-without-disclosure-to-NCAT-SC-20-33352.pdf
e) Committee member Mr. Stan Pogorelsky's attempt to prevent the Respondent from providing evidence of insurance frauds to CHU Insurance lawyers on 3 April 2017. Mr. Levitt 2013 was unfinancial to vote or be a member of the committee in 2017, as proven in evidence to NCAT:
SP52948-EC-member-Stan-Pogorelsky-trying-to-prevent-information-about-insurance-fraud-to-be-shared-with-CHU-Insurance-3Apr2017.webp
Respondent failed to inform NCAT about it and, by not attending the Hearing, coerced the Tribunal to ignore the Applicant's evidence.
f) Solicitor Adrian Mueller failed to comply with Tribunal orders six times whilst unauthorised to represent owners corporation in period 2012 to 2021:
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
g) Example of three serious OH&S and fire safety problems in Applicant's unit (the summary of problems in the complex is almost 20MB in size and will be sent in a separate email):
SP52948-Lot-158-some-of-long-term-OHS-and-fire-safety-risks-and-maintenance-status-Aug2021.pdf
h) Solicitor Adrian Mueller was not legal to represent SP52948 in SCS 12/32675, SCS 12/50460, and SC 20/33352. Respondent failed to inform NCAT about it and, by not attending the Hearing, coerced the Tribunal to ignore the Applicant's evidence:
SP52948-Solicitor-Adrian-Mueller-refusing-to-return-private-property-claiming-CTTT-support-14May2013.pdf
i) In financial year 2021, at the end of three quarters owners corporation had deficit in Admin Fund, which raises concerns about liquidity and ability to maintain the complex in proactive manner:
SP52948-three-periods-with-deficit-in-Admin-Fund-FY-2021.pdf
j) At Hearing on 11 February 2021, Mr. Moses Levitt was not a committee member any longer. He resigned as listed in minutes of committee meeting on 11 November 2020. Tribunal asked Solicitor Adrian Mueller two times to confirm if all committee members listed as Respondent were valid at Hearing on 11 February 2021 and Solicitor provided false statement, coercing Tribunal to make error, raising question of law, in paragraph 32 of decision dated 23 April 2021:
It was not a fact in dispute that the persons the applicant sought to have disqualified as strata committee members are currently members of the strata committee.
SP52948-Minutes-EC-meeting-11Nov2020.pdf
In separate email, 158-page report titled "NCAT-20-33352-Respondent-concerns-about-Tribunal-and-Respondent-actions.pdf" will document significant errors by Tribunal and actions by the Respondent to pervert the course of justice.
k) Unredacted submissions by Mr. Moses Levitt and Mr. Stan Pogorelsky to CTTT in 2011 and 2012. Respondent failed to inform NCAT about it and, by not attending the Hearing, coerced the Tribunal to ignore the Applicant's evidence:
SP52948-CTTT-SCS-11-00711-Stan-Pogorelsky-submission-20Feb2011.pdf
SP52948-CTTT-12-05845-Stan-Pogorelsky-submission-10Mar2012.pdf
SP52948-CTTT-SCS-12-05845-Moses-Levitt-submission-5Mar2012.pdf
Regards,
On 25/7/21 2:39 pm, SP52948 owner wrote:
Good afternoon,
Based on Solicitor Adrian Mueller's invoices in file CS 20/33352 (attachments "Extract-from-alleged-costs-incurred-by-Solicitor-Adrian-Mueller-SC-20-33352.pdf"), it appears there was some correspondence between himself and NCAT that the Applicant was not provided with and did not have access to before or at the Hearing on 11 February 2021.
Applicant herewith request to obtain access to:
a) Audio copy of Directions Hearing on 25 September 2020.
b) Audio copy of Hearing on 11 February 2021.
c) All unredacted files that the Respondent and Solicitor Adrian Mueller shared with NCAT in file SC 20/33352.
Of special importance is Solicitor's email to NCAT on 11 December 2020 providing contact details for telephone hearing, and details of Solicitor's attending NCAT on telephone to discuss file inspection on 14 December 2020.
Note that Solicitor Adrian Mueller coerced CTTT in file SCS 12/33352 into making wrong decision at Hearing on 18 October 2012, by stating that Lot 3 could not be part of the proceedings because they were "absent" (similar effort as in SC 20/33352). The attachments contain details of it. Solicitor Adrian Mueller was warned about it on 19 October 2012 in email with subject "FACSIMILES SENT TO CTTT: SCS 12/32675 12/50450 and 12/50460 on 19 October 2012". He never replied or corrected his statements to CTTT. Applicant has paid for and has all audio copies of all three Hearings in SCS 12/33352. Solicitor's actions and consequences of his activities in SCS 12/32675 and SCS 12/5060, and direct responsibility in writing Statutory Declaration for strata manager on 19 April 2013 will be dealt with separately.
Please provide information how to pay for these services and receive the media and files listed in a) to c) above.
Regards,
PS. Definition of lie:
The most widely accepted definition of lying is the following: “A lie is a statement made by one who does not believe it with the intention that someone else shall be led to believe it” (Isenberg 1973, 248) (cf. “[lying is] making a statement believed to be false, with the intention of getting another to accept it as true” (Primoratz 1984, 54n2)). This definition does not specify the addressee, however. It may be restated as follows:
To lie = to make a believed-false statement to another person with the intention that the other person believe that statement to be true.
This is the traditional definition of lying. According to it, there are at least four necessary conditions for lying. First, lying requires that a person makes a statement (statement condition). Second, lying requires that the person believes the statement to be false; that is, lying requires that the statement be untruthful (untruthfulness condition). Third, lying requires that the untruthful statement be made to another person (addressee condition). Fourth, lying requires that the person intends that that other person believe the untruthful statement to be true (intention to deceive the addressee condition).
Cambridge Dictionary: To say or write something that is not true in order to deceive someone.
Merriam-Webster: Marked by or containing untrue statements.
Dictionary.com: Telling or containing lies; deliberately untruthful; deceitful; false.