[200William-EC SP67851] 1) 67851
Rob Willett
rob at robadda.com
Wed Dec 24 18:51:38 EST 2014
My vote is no
On 23 Dec 2014, at 3:28 am, Pia Cunningham <pcunningham at stratatitle.com.au> 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 | 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
>
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> Tom Bacon
> CEO & Principal Lawyer
>
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> <Estimate-0000198.pdf><S80D Motions - SP67851 re Application for Adjudication.docx><Costs Agreement - SP67851 re Application for Adjudication.pdf><Costs Disclosure - SP67851 re Application for Adjudication.pdf>_______________________________________________
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