[200William-EC SP67851] FW: 67851

Wed Dec 24 10:57:48 EST 2014

Good morning all

I have read with great concern your collective thoughts on this issue.

>From the outset I have had little experience in the Strata jurisdiction
however like most civil tribunals I have found Adjudicators are more
inclined to lean in favour of an individual complainant or Strata Owner
unless there is overwhelming evidence to the contrary. On a point of law I
would have thought that if this water nuisance is emanating from common
property and penetrating his domain, then the OC may well be liable in this
instance.

I note the opinion of the  Tom Bacon solicitor as to the success or
otherwise by the OC  before a Tribunal, but with due respect I put our
success rate as low as 30%.  That also raises the issue of costs against the
OC should the Tribunal find in favour of La Forest.  I confidently believe
La Forest would pursue the issue of costs against the OC, even out of
malice.

I believe that we should not go down the path of litigation in this instance
and as has been opined, enter into negotiations with La Forest to settle the
issue, subject ofcourse to him entering into a confidential Deed of
Settlement indemnifying the OC against any further redress and or costs. 

I agree that the drip tray solution may well be a means of placating this
problem and perhaps Pia Cunningham may be a starting point to enter into
these negotiations. It also shows the OC's sincere and genuine intentions to
settle the matter outside of a Tribunal.  

May I wish you all a Merry Christmas and a safe and happy New Year

Brook 

From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf
Of George Ziri
Sent: Tuesday, 23 December 2014 6:32 PM
To: ec at 200william.com
Subject: Re: [200William-EC SP67851] FW: 67851

Good Afternoon All,iss 

I will ask the plumber to provide a quote to have a gutter installed on the
soffit of the slab to catch the drip.

From: Matt Perkins [mailto:matt at spectrum.com.au] 
Sent: Tuesday, 23 December 2014 3:45 PM
To: Pia Cunningham; 'Andrew James'; ec at 200william.com
<mailto:ec at 200william.com> ; George Ziri
Subject: Re: [200William-EC SP67851] FW: 67851

That sounds good. I would want to see an undertaking from Mr Laforest that
if we install a drip tray at our expense that he withdraw his action and
indemnify us from further action regarding this so called dripping water. 

Matt.

 On 23/12/2014 2:56 pm, Pia Cunningham wrote:

Hi Matt,

Thats my thoughts exactly.

I spoke to George who said we can get a drip tray for about $1,000
installed. He will be sending an email shortly.

Have a great Christmas all. I will be checking emails but only from time to
time. 

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:  <mailto:northshore at stratatitle.com.au>
pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW
2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000

 <http://www.stratatitle.com.au/>
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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 -
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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: Matt Perkins [mailto:matt at spectrum.com.au] 
Sent: Tuesday, 23 December 2014 2:55 PM
To: Pia Cunningham; 'Andrew James'; ec at 200william.com
<mailto:ec at 200william.com> ; George Ziri
Subject: Re: [200William-EC SP67851] FW: 67851

Hi Pia,
 So if we are "liable" for it should we not be fixing it instead of spending
money defending it.  George seemed to indicate that based on other buildings
it was not our responsibility to fix it . 

I think it best that you and George discuss and get back to us with an
opinion on if we should fix or defend. 

Have a good Christmas if I dont talk to you before. 

Matt.

On 23/12/2014 1:44 pm, Pia Cunningham wrote:

Hi Andrew,

As its coming from the common property, we unfortunately are liable for
this. 

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:  <mailto:northshore at stratatitle.com.au>
pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW
2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000

 <http://www.stratatitle.com.au/>
<http://www.facebook.com/StrataTitleManagement>
<http://www.linkedin.com/company/strata-title-management-stm>
<http://www.twitter.com/STMStrata>      <http://www.pinterest.com/STMStrata>
<http://plus.google.com/+StrataTitleManagemenSydney> 

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 -
<http://www.stratatitle.com.au/disclaimer/>
www.stratatitle.com.au/disclaimer/

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: Andrew James [mailto:Andrew.James at lh.org.au] 
Sent: Tuesday, 23 December 2014 12:27 PM
To: Pia Cunningham; 'Matt Perkins'; ec at 200william.com
<mailto:ec at 200william.com> ; George Ziri
Subject: RE: [200William-EC SP67851] FW: 67851

Hi everyone,

Yes I'm a bit confused as well. I thought the water leaks into 601 had been
resolved and looking again at the photographs Craig provided it seems that
the issue is all about the calcium stains although he does state "into my
kitchen".

I understand Craig is away at the moment (6 weeks?) but I think we should
try and work with him to resolve this issue and not resort to legal action.
This is only going to result in financial pain for the OC and Craig appears
to have unlimited funds to plough into this.

I do have some sympathy with Craig. The water stains are unsightly but I'm
not convinced the OC is responsible for sorting this out. I have a problem
with efflorescence on my balcony (a common area?) but I assumed that this is
my problem to fix!

Cheers

Andrew.

Andrew James
Project Director of Pharmacy
 <http://www.mylifehouse.org.au> 
119-143 Missenden Road
Camperdown NSW 2050
PO BOX M33 Missenden Road NSW 2050

Phone: +61 2 85140945
Mobile: +61 400 202 279
Email: Andrew.James at lh.org.au <mailto:Andrew.James at lh.org.au> 
Web: http://www.mylifehouse.org.au

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From: ec-bounces at 200william.com <mailto:ec-bounces at 200william.com>
[mailto:ec-bounces at 200william.com] On Behalf Of Pia Cunningham
Sent: Tuesday, 23 December 2014 12:14 PM
To: 'Matt Perkins'; ec at 200william.com <mailto:ec at 200william.com> ; George
Ziri
Subject: Re: [200William-EC SP67851] FW: 67851

Hi Matt,

Thats my understanding of the matter too. 

I have left a message for George and will speak to him shortly. 

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:  <mailto:northshore at stratatitle.com.au>
pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW
2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000

 <http://www.stratatitle.com.au/>
<http://www.facebook.com/StrataTitleManagement>
<http://www.linkedin.com/company/strata-title-management-stm>
<http://www.twitter.com/STMStrata>      <http://www.pinterest.com/STMStrata>
<http://plus.google.com/+StrataTitleManagemenSydney> 

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 -
<http://www.stratatitle.com.au/disclaimer/>
www.stratatitle.com.au/disclaimer/

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: Matt Perkins [mailto:matt at spectrum.com.au] 
Sent: Tuesday, 23 December 2014 10:48 AM
To: Pia Cunningham; ec at 200william.com <mailto:ec at 200william.com> ; George
Ziri
Subject: Re: [200William-EC SP67851] FW: 67851

George has advised that water penetration has been fixed inside the
apartment.  I believe the only outstanding issue is the outside balcony
related dripping. 

Can you confirm this. Perhaps George and Pia you can get discuss. George has
also suggested a drip tray and on chatting to George He has suggest that the
drip tray would be far less then $5k

Matt.

 On 23/12/2014 10:20 am, Pia Cunningham wrote:

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:  <mailto:northshore at stratatitle.com.au>
pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW
2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000

 <http://www.stratatitle.com.au/>
<http://www.facebook.com/StrataTitleManagement>
<http://www.linkedin.com/company/strata-title-management-stm>
<http://www.twitter.com/STMStrata>      <http://www.pinterest.com/STMStrata>
<http://plus.google.com/+StrataTitleManagemenSydney> 

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 -
<http://www.stratatitle.com.au/disclaimer/>
www.stratatitle.com.au/disclaimer/

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: ec-bounces at 200william.com <mailto: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 <mailto: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:  <mailto:northshore at stratatitle.com.au>
pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW
2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000

 <http://www.stratatitle.com.au/>
<http://www.facebook.com/StrataTitleManagement>
<http://www.linkedin.com/company/strata-title-management-stm>
<http://www.twitter.com/STMStrata>      <http://www.pinterest.com/STMStrata>
<http://plus.google.com/+StrataTitleManagemenSydney> 

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 -
<http://www.stratatitle.com.au/disclaimer/>
www.stratatitle.com.au/disclaimer/

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

 <http://stratatitlelawyers.com.au/> 

Tom Bacon
CEO & Principal Lawyer

Sydney
Level 26,
44 Market Street,
Sydney, NSW 2000

P 02 9091 8068
M 0451 674 448

Melbourne
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710 Collins Street,
Docklands, VIC 3000

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        Direct 1300 137 379     Spectrum Networks Ptd. Ltd. 
        Office 1300 133 299     matt at spectrum.com.au
<mailto: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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