[200William-EC SP67851] FW: 67851
Pia Cunningham
pcunningham at stratatitle.com.au
Tue Dec 23 10:20:16 EST 2014
Hi Matt,
We would only be able to sue for costs if we win the actual matter.
As per the email below, we would only have a 50/50 chance of winning the case. Perhaps we should just investigate to fix the water penetration?
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: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Matt Perkins
Sent: Tuesday, 23 December 2014 9:57 AM
To: ec at 200william.com
Subject: Re: [200William-EC SP67851] FW: 67851
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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Emailed Communication / Documents Disclaimer
STM Limited takes no responsibility for content included in this email when relating to a client matter.
Please view Vesture's full email communication disclaimer on our website - www.stratatitle.com.au/disclaimer/<http://www.stratatitle.com.au/disclaimer/>
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Important Notice: Owners should be aware that all correspondence, including letters, facsimile transmissions and emails are retained on the file of your scheme and may be subject to inspection by owners and residents within your scheme, as well as prospective purchasers for any lot that may be for sale within your scheme. As such author discretion is advised.
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
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Tom Bacon
CEO & Principal Lawyer
Sydney
Level 26,
44 Market Street,
Sydney, NSW 2000
P 02 9091 8068
M 0451 674 448
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