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How do you join the real guilty party in the NSW district court matter as a respondant? A lawyer who is a caretaker suing the owners corporation ...go figure!!
Our former caretaker is suing us . We are the owners corporation and I am the secretary of the Exec Committee. It is a NSW strata matter where a caretaker contract was not struck by the owners, as is law ( strata schemes management act 1996) but by the Strata Manager ( delegated OC chair , secretary and treasurer) and the caretaker using 3 proxies. This caretaker had a pecuniary interest at stake. removing his 3 invalid proxies, only 2 out of 19 owners voted . This is far less than the 5 needed to make the 1/4 of owners at an AGM to achieve a quorum on any resolution. Also 2 Office Bearers approved the transfer from original caretaker to the current bloke when a General meeting and decision of all owners is required. When we realised we gave 30 days notice to this terrible caretaker and now he has issued a letter of demand for the balance of the contract and saying we terminated. He is saying he will sue us in the district court and had SneeXXXXX XXXXX and Gallup write a letter for him .
We have $1 million in office bearers liability cover for the office bearers but not the Owners Corporation. The office bearers who did this dirty on us are long gone, but contactable. How do we legally rope in the office bearers who made this decision as the owners never had a say , other than to end it. We'd like to trigger the office bearers liability cover ?
If we go to the CTTT for termination would this stop the District Court matter or would it proceed anyway.
The property is in NSW
Does it matter that the owners corporation were only became aware of the invalidity issue as we assumed our strata manager would not dud us like this ?
We had no idea until last October and the contract was 5 years in. Does this make any difference.
If we now try for termination in the CTTT then would that stop district court action if we got in first?
Hey thanks , you are really helping, it is a bad situation.
We took the view given the lack of a valid contract and the fact that the that we paid him monthly it meant we had a month to month arrangement and the contract couldn't be enforced. We elected to give him a months notice that we would be ceasing paying him. Does that mean we have terminated or could it be viewed as a suspension while we get legal advice. The motion we passed that we cease paying him until such time as we have evidence of a legal obligation to do so. Does this give us any options in your view. He y thanks heaps, you are getting 5 stars.
This is really a b ad situation for us . he knew we had termites and didn't bother to tell us. he shut down facilities and refused to reopen them and we reckon that he repudiated the contract by outsourcing parts and charging us for these on top of the contract payments. Do you see any joy for us in any of that?
What about the rule of mitigation given he has a job 4 days a week elsewhere already. Would he likely get the 5 years? He offered to sell the contract a year ago for $22k ( one years salary)
His contract specified pruning these palm trees around the pool . He refused and paid someone else and then handed the bill t us. or just paid it from our funds as he was also strata manger.
Same with changing lightbulbs , he got in an electrician we had to pay for it.
Does this constitute repudiation of the contract and he has already in effect terminated.
So could a likely course of action be we say he breached , repudiated and the contract is invalid and thus termination, he disputes and we go to CTTT in dispute or does he drive the next step and choose the venue. Can we go to CTTT , will they hear it as he has stated he was ready willing and able to do the job, when in fact he outsourced it , didn't do it and abused us while doing it.
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