2001 - Rebuilding in a year or two

Then I realized that it is good and proper for a man to eat and drink, and to find satisfaction in his toilsome labor under the sun during the few days of life God has given him--for this is his lot.

Mutural releases

The Lawyers try to reach a settlement and Mr Casimatis agrees to mutual releases on the condition that the Lessee pays all rent and other monies due.

06.04.01 Mr McPherson to Mr Casimatis JR 1, 409

“We refer to telephone conversations in this matter. We understand that there have been discussions between our respective clients whereby settlement has been agreed as follows:

1. the lease be terminated;

2. the lessee pays no further rent to the lessor and the  
    lessor retains the security deposit;

3. mutual releases be given by each party;

4. each party bear their own costs.”

08.04.01 Mr Casimatis to Mr McPherson JS 1, 410

“We refer to your facsimile of 6 April 2001 and we are instructed to deny that any agreement has been reached between our respective client.

Our client is only prepared to consider settling the matter on the following bases:

1. Your client paying all rent and other moneys due and  payable under the Lease up to 28 April 2008.

2. The Lease being surrendered and mutual releases being given by the parties.”

09.04.01 Mr Casimatis to Mr Ketas JU 1-2, 412-3

“For your reference I enclosed copy 2 facsimiles of even date forwarded to LMG Solicitors, as discussed with yourself and Zois.”

All claim to such wall

Mr Casimatis agrees to the settlement with the Lessee entering into a Building Contract for the work required to rectify the defective wall. 

09.04.01, Mr Casimatis to Mr McPherson JV 1, 414

“Our clients are only prepared to settle the matter on the following basis:

Your client paying to our client’s agent all rent and other monies due and owing under the Lease from 28 December 2000 to 28 April 2001 by 2pm tomorrow 

Tuesday 10 April 2001 (the bond held by our clients currently not to be used for this purpose; our clients entering into a Building Contract with Advanced Building Services Pty Limited, as approved by us, for the work required to rectify the subject defective wall;

3. upon completion of the work to such defective work, to the satisfaction of the Local Council, your client to be provided with 1 month’s rent free period;

4. the clause in the Lease requiring you client to expend $75,000 on the subject premises to be varied to allow your client up until 6 months from the date of this letter;

5. your client to release our clients, in manner satisfactory to us, from all claims to such wall (notwithstanding that our clients strenuously deny that your clientn has any claim whatsoever); and

6. the current tribunal proceedings to be withdrawn with each party paying it own cost.”

Cash the bond money

Mr Voukelatos asks Mr Ketas to cash the bond money cheq

09.04.01 Mr Voukelatos to Mr Ketas jV 1, 414

“I sent you a copy of an e-mail to Theo Casimatis. Further, could you note that

 a) I’ve asked the IBM society to give me a temporary reprieve from making loan repayments until we have found a new tenant and asked them to contact you should they need to verify the situation as is present”

“c) please cash the bond money cheque and pay into our cheque a/c at the NAB, say $5000 before 25/4/01. The balance is to pay the plumber re blocked drain, security guards re lockout and any clean up costs before we re rent the premises and of course your management fees and GST and PAYG tax advice by Vince.”

“Good luck today with the lock-out”

11.04.01 L&C Locksmith to Mr Ketas JX 1, 415

Service call to site $140.00

Re key lock

4 keys in total”

12.04.01 Diamond Protection JY 1, 416

“Cancellation fee 9/4/01       $100.00

Security Service 11/4/01     $180.00

Security Service  12/4/01    $180.00 ”

17.04.01 L&C Locksmith to Mr Ketas JZ 1, 417

“Service call to site                $130.00          

Repair after break-in

Luke be on site”

Rebuilding in a year or two

Mr Voukelatos informs his Lawyer that, in the meantime, he would ask his agent to re-rent the property as soon as possible and hopefully get a better tenant. He also states that he would like to leave the wall as is for the moment since he would prefer to re-build the property in a year or two rather than repair the wall, and that the Engineer’s report, that his agent previously obtained, did not say the wall was in immediate danger of collapse.

20.04.01 Mr Voukelatos to Mr Casimatis JAA 1, 418

“I) re-the upcoming court in May. You mentioned that Jack Grant had to file certain documents by 20/4. Please check whether he has done so to determine what to do next.

ii) if Jack has assets or his company has assets. I’d like to talk with you about suing him for 2 months rent, eviction costs, legal costs re eviction, cleaning of property (Mr  estimates approx. $600-900 just for rubbish removal) locksmith expenses and wear and tear associated with subletting to various people.

Mr  advised me he has a house in Lurline Bay and his company may have something. What would it cost to do a search and credit check on Jack with an agency? 

 iii) in the meantime, I’ve asked Mr  to re-rent the property ASAP hopefully, we will get a better tenant! I’d like to leave the wall as is for the moment since I’d prefer to re-build the property in a year or two rather than repair the wall.

The Engineer Report that Mr  previously obtained did not say the wall was in immediate danger of collapse.

Mr  mentioned that the Council order had been lifted- however I wonder if Council can be persuaded to take no further action?

iv) under the lease Jack was responsible for the payment of the water rates-I wonder whether he has left any debts in this regard and who would be responsible for these. Should Mr  now notify Sydney Water and S.C.C. (electricity) re the eviction of Jack Grant from the property.”


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