[200William-EC SP67851] 4) 67851

Rob Willett rob at robadda.com
Wed Dec 24 18:51:57 EST 2014 


Yes, this is my interpretation on what has happened. It was dubious in the first instance that there even was a leak. Now all of a sudden there is. And if there is, has it been caused by the owner himself in one of his drugged out Ice frenzies? How do we know. 

I reiterate, why have we been told for 12 months there is no leak and now there is because the owner takes action?

















On 23 Dec 2014, at 5:18 am, Matt Perkins <matt at spectrum.com.au> wrote:

> 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 | Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000
>>  
>> <Mail Attachment.png>        <Mail Attachment.png>    <Mail Attachment.png>    <Mail Attachment.png>    <Mail Attachment.png>    <Mail Attachment.png>
>>  
>> 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/
>>  
>>  
>> <Mail Attachment.jpeg>
>> <Mail Attachment.jpeg>
>> 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] 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 | Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent Street, SYDNEY  NSW  2000
>>  
>> <Mail Attachment.png>        <Mail Attachment.png>    <Mail Attachment.png>    <Mail Attachment.png>    <Mail Attachment.png>    <Mail Attachment.png>
>>  
>> 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/
>>  
>>  
>> <Mail Attachment.jpeg>
>> <Mail Attachment.jpeg>
>> 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
>> 
>> <Mail Attachment.jpeg>
>> Tom Bacon
>> CEO & Principal Lawyer
>> 
>> Sydney
>> Level 26,
>> 44 Market Street,
>> Sydney, NSW 2000
>> 
>> P 02 9091 8068
>> M 0451 674 448
>> 
>> <Mail Attachment.jpeg>
>> Melbourne
>> Level 2,
>> 710 Collins Street,
>> Docklands, VIC 3000
>> 
>> P 03 9097 1618
>> M 0451 674 448
>> 
>> www.stratatitlelawyers.com.au
>> 
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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
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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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