[200William-EC SP67851] 10 ) 67851

Thu Dec 25 00:13:31 EST 2014

Dear EC,

I would rather spend the $1k if it releases us from ongoing liability and a possible $20k legal battle. My vote is for Pia to contact Mr La Forest to see if this would resolve the matter for him. 

Regards,

Edward

From: Matt Perkins [mailto:matt at spectrum.com.au] 
Sent: Wednesday, December 24, 2014 9:47 PM
To: Rob Willett
Cc: ec at 200william.com ec at 200william.com
Subject: Re: [200William-EC SP67851] 10 ) 67851

Don't get me wrong I would rather fight. But the legal  advice I have is we would most likely loose. This could cost us 20k for a 1k drip tray. 

20k guarantees us a special levy. I'm sure none of us want that waste of money. 

I don't mind spending money on renovations or fixes to the building. But to give to lawyers  will be negligent on our part. 

Let's see what sort of indemnification we can get him to sign. He is no genius. If we look like we are giving him a win he might just give up his rights on further action in his rush to saviour his victory. 

Matt

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On 24 Dec 2014, at 6:52 pm, Rob Willett <rob at robadda.com> wrote:

Practically and financially I agree with Brook, Andrew, Dave, Matts last emails. Reluctantly. I think the owner of 601 wins again as we fall over. 

The only thing I would say, let’s hope we’re all as keen to pursue him the next time he spits on someones door, harasses another tenant in the lift, victimises another owner to the point of an AVO ( we left that owner to her own devices last time it happened ), that we call the police and prosecute him when he vandalises common property, that when we knowingly see him doing drugs or buying or selling them we call the police. He’s got us all bluffed sorry to say. 

<ROB19732_RobEmailSig.jpg>

On 24 Dec 2014, at 5:40 am, Andrew James <Andrew.James at lh.org.au> wrote:

Hi All,

Yes. I agree too. A fight is more than likely going to end in a loss and financial pain for the EC.

Cheers

Andrew

Andrew James
Project Director of Pharmacy
Phone: +61 2 85140945
Mobile: +61 400 202 279

From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Matt Perkins
Sent: Wednesday, 24 December 2014 11:07 AM
To: ec at 200william.com
Subject: Re: [200William-EC SP67851] FW: 67851

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.

<image001.jpg>

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; 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

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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; 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

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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: 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; 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] On Behalf Of Pia Cunningham
Sent: Tuesday, 23 December 2014 12:14 PM
To: 'Matt Perkins'; 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

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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/

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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 10:48 AM
To: Pia Cunningham; 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

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Please view Vesture’s full email communication disclaimer on our website –  <http://www.stratatitle.com.au/disclaimer/> 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: 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:  <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

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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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CEO & Principal Lawyer

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        Office 1300 133 299     matt at spectrum.com.au 
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        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 <http://pgp.mit.edu/>  
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        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 <http://pgp.mit.edu/>  
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        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 <http://pgp.mit.edu/>  
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        Office 1300 133 299     matt at spectrum.com.au 
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