[200William-EC SP67851] FW: 67851
Matt Perkins
matt at spectrum.com.au
Tue Dec 23 09:56:55 EST 2014
Hi Pia,
Did the lawyers give any indication as to the validity of Mr La
forest claims and the prospects of us wining this action. As it appears
this will cost the building 5k+ to defend are there any prospects of Mr
LaForest having to pay costs or is that not how these actions work and
we have to pay our own costs, also could perhaps if he were to win be
awarded costs. Considering Mr LaForest has always engaged a QC in the
past it may be possible that loosing this action may cost the strata
$15k+ in addition to us having to clean the balcony of 601 on an ongoing
basis. This whole episode could easily costs the owners corporation
$20k if costs could be award.
Could you give us an outline of this process and any potential remedy
at our disposal. Brook do you know anything about this process could
costs be awarded or are we all responsible for our own.
Matt.
On 23/12/2014 8:58 am, Pia Cunningham wrote:
>
> Good Morning All,
>
> Please see attached quotes for representing the case against Craig La
> Forest.
>
> Please also see below comments from Strata Title Lawyers
>
> Should you have any queries regarding the above, please do not
> hesitate to contact me.
>
> Have a nice day,
>
> **
>
> Kind regards,
>
> *Pia Cunningham *
>
> Strata Manager
> BMC Manager and
> Company Title Manager
>
> Phone:(02) 9266 2600 | Email:pcunningham at stratatitle.com.au
> <mailto:northshore at stratatitle.com.au> | Address:PO Box 72, STRAWBERRY
> HILLS NSW 2012, Level 7, 447 Kent Street, SYDNEY NSW 2000
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> *From:*Tom Bacon [mailto:tom at stratatitlelawyers.com.au]
> *Sent:* Monday, 22 December 2014 10:30 PM
> *To:* Pia Cunningham
> *Subject:* Re: 67851
>
> Hi Pia,
>
> Thanks for sending this through. I've reviewed the Application, and
> although it is difficult to speculate without making further
> enquiries, there may be a technical defence available to the Owners
> Corporation which may be able to be utilised to avoid its Section 62
> obligations.
>
> However ordinarily, these types of cases are routinely won by the
> owners of the Apartment(s) affected. I would put the Owners
> Corporation's chances at no higher than 50:50 in this matter.
>
> Accordingly, I would recommend the Owners Corporation save its fees
> and instead work with the owner affected to come to a 'confidential
> and binding' agreement and timetable to repair his balcony. If the OC
> are concerned about setting a precedent effect in the building, they
> should have the owner sign a Confidential Deed so that no one outside
> of the Committee will know of the terms of settlement.
>
> If the Owners Corporation wish to proceed to defend the Adjudication
> after all though, then I *attach* my Schedule of Fees.
>
> Kind regards,
>
> Tom
>
>
> Image removed by sender. Strata Title Lawyers Logo
> <http://stratatitlelawyers.com.au/>
>
> *Tom Bacon*
> /CEO & Principal Lawyer/
>
> *Sydney*
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> Sydney, NSW 2000
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> *M* 0451 674 448
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>
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--
/* Matt Perkins
Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
Office 1300 133 299 matt at spectrum.com.au
Level 6, 350 George Street Sydney 2000
PGP/GNUPG Public Key can be found at http://pgp.mit.edu
*/
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