[200William-EC SP67851] FW: 67851
Matt Perkins
matt at spectrum.com.au
Wed Dec 24 11:07:09 EST 2014
I agree Brook,
I think this is the best for all concerned. If everyone agrees, Pia
can you please take this up with Mr Laforest and see if we can close
this issue with a drip tray. The Deed of settlement is the key here.
Matt.
On 24/12/2014 10:57 am, Brook Beves wrote:
>
> 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: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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> *Important Notice: *Owners should be aware that all
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> *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: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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> *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
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> 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*
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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: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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> Tile2014_YoungStrataManager_HighCom_S
>
> xmas signature-STM-2014
>
> *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: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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> Tile2014_YoungStrataManager_HighCom_S
>
> xmas signature-STM-2014
>
> *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: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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> xmas signature-STM-2014
>
> *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
>
>
> Image removed by sender. Strata Title Lawyers Logo
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>
> *Tom Bacon*
> /CEO & Principal Lawyer/
>
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> /* Matt Perkins
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> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
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> /* Matt Perkins
>
> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
>
> Office 1300 133 299matt at spectrum.com.au <mailto:matt at spectrum.com.au>
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> Office 1300 133 299matt at spectrum.com.au <mailto:matt at spectrum.com.au>
>
> Level 6, 350 George Street Sydney 2000
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> --
> /* Matt Perkins
> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
> Office 1300 133 299matt at spectrum.com.au <mailto:matt at spectrum.com.au>
> Level 6, 350 George Street Sydney 2000
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