07. 2000 – Emergency Order 1

That which has been is what will be, That which is done is what will be done, And there is nothing new under the sun.


1. Lessee: Mr Grant
2. Settlement of footing 
3. 1983 Survey and 1990 Report
4. Immediate repairs
5. Emergency Order 1

1. Lessee: Mr Grant

Mr Jack Grant proposes to undertake renovations to the property that includes opening the sidewall with doors and windows onto the adjoining public parkland area with a view to outdoor seating.        

23.09.99 Application for Tenancy IA 1, 330

“Name of applicant:  Jack Grant”

23.09.99 Mr Grant’s Accountant IB 1, 331  

“Opening new Thai restaurant

Following the success of existing business “Advanced Underpinning” and Jack’s enormous long time interest in food business he is in the process of getting started


It is our opinion that Advanced Underpinning Pty Ltd represent one of our top five clients of our company in terms f past performance, growth and future potential. We have seen the increased turnover and profitability since its commencement in October 94.”

16.12.99 Mr Ketas to Mr Casimatis IC 1-5, 332-6  

“Further to our telephone conversation we confirms that the above premises are now vacant and keys have been returned from Kirkpinar.

Our client will contact you shortly to discuss recovery of losses incurred. My calculation of loss of rent to 11 December 1999 is $7928.58. This figure does not include the following:”

b). The Lessee is proposing to undertake extensive renovations to the property. Eg opening side boundary wall with doors & windows onto adjoining public parkland area with a view to outdoor seating.

The Lessor wants to bind the lessee to a commitment to renovations etc. within a 12 months period. If the proposed work is not completed within this time then the rent be increased at the lessor’s discretion by at least 10% on the base rental.”

24.12.99 Disclosure Statement ID 1-3, 337-9

“lease will provide special condition hereby lessee must expend at least $75,000 (Seventy five thousand dollars) within the first 12 months of the term and to evidence such expenditure by providing lessor with copy of invoices and if lesse fails to do so then the rent will increase in the 2nd year of the term to $56,056 (fifty six toushand and fifty six dollars).”

25.01,00 Lease IE 1, 340  

“Lessee Advanced Underpinning Pty Limited

 Lease period: 5 years

 Commencement Date: 27 January 2000

 Termination Date: 27 January 2005

 With an option to renew for a period of 5 years”

2. Settlement of footing 

BSB Structural Engineer is commissioned by Mr Grant in the preparation of the pre-D.A. and he reports the sidewall is showing signs of severe distress with rotation outwards and recommends the underpinning of the sidewall and installation of an internal steel framework. 

02.02.00 Mr Bateman to Mr Grant IF 1, 341

“The above two stories building consists of brick external walls, timber upper floors and metal deck roof. At our recent site inspection we noted the following structural defects:

(a) The upper floor crosses walls show signs of large settlements towards the southern wall (park side) indicated by out of square doors, damaged render and signs of previous repairs.  

(b) The upper floor joists are out of level with deflections to the south side in excess of 50mm.  

(c)  The southern external wall shows signs of severe distress with rotation outwards, settlement, ‘bellying’ at several locations.

In our opinion the severe damages to the external wall is a result of removal of internal cross walls from the lower floor area, combined with settlements of the sandstone footing. We recommend that the external wall (south side) be underpinned to firm ground. Further, steel framework (columns and beams) should be installed at maximum six meters centers to stiffen the building. It would be advantageous to jack the external wall and upper floor to level during installation of the cross bracing.”

17.02.00 Pre D.A. meeting IF 1,  342

“I am writing in reference to a pre-development application meeting held on 16 February 2000 between Council Officer Andrew Abbey, the Architect, Danny Kidron and your client Jack Grant.”

“The application proposes:

The restoration of the façade of the existing building including the addition of a terrace at the front;

A two stories addition at the rear of the existing building with the design incorporating South East Asian influences;

The creation of window and doorway openings in the sidewall of the existing building which adjoins a public open space;

The use of the building as a restaurant;

Internal alteration to the existing building including stairwells, kitchen space, and toilets/bathroom areas.”

3. 1983 Survey and 1990 Report

Mr Voukelatos sends Mr Johnston’s 1990 reports together with the Michael C. Whelan’s 1983 Surveyors’ Certificate, commissioned by J.B. Lang & Burke Solicitors, which found a bend and encroachment of 0.14m of the sidewall and an encroachment of 0.17m of the front wall. 

20.02.00 Mr Voukelatos to Mr Ketas IG 1, 343

“I am sending 1.Survey Report dated 23/3/1983

                     2.Engineers Report dated 6/9/1990 & 6/10/90

However I don’t know how useful they will be for the present tenant. If the present tenant can not be satisfied with the reports or the Council decision is not to his liking he should meet the conditions of his Lease i.e.: pay rent until we can find another tenant or 6 months elapse whichever is the earlier. The 6 months will commence from the time that Council knock his D.A. please check with Theo if it comes to this.”

23.03.83 Michael C. Whelan to James Lang *DA 1-2, 142-3

“In accordance with your instructions I have surveyed the whole of the Land comprised in …”

“The plan survey creating Lot 9 (DP. 245404) was made in 1974 and this plan shows the boundary on the southeastern part of Lot 9 as passing along the southeastern face of the main wall. We find that by survey the line distance 15.73 m has been shown as a straight line whereas in the fact there occurs a bend in the wall approximately 4.5m in from Glebe Point Road.

The effect of causing the straight line to be drawn in accordance with the bearings and distances shown on the Deposited Plan is that an apparent encroachment of 0.14m occurs onto the adjoining park. It is our view that the intention of the survey was to follow the face of the wall and that bearing distance shown has been indirectly stated.

The main wall of the building stands up to 0.17m upon Glebe Point Road and Architectural embellishments stand slightly outside this wall.”

4. Immediate repairs

The final B.S.B report finds that the sidewall requires immediate repairs and that it should be immediately braced prior to rectification.

28.02.00 Mr Bateman to Mr Grant *DG/DH 1-2, 156-9

The wall is not structurally adequate and requires immediate repairs. It should be immediately braced prior to rectification.”

5. Emergency Order 1

Leichhardt Council issues a Notice of Proposed Order and an Emergency Order to repair the building and to make structural alterations because the building is, or is likely to become, a danger to the public.

22.02.00 Leichhardt to Mr & Mrs Voukelatos *DI 1-2, 160-1 

“The proposed order: To repair or make structural alterations to a building. “To Wit” Carry out repairs to building as recommended by Report of Barry Smith

Bateman & Associates Pty Ltd, dated 28 February 2000, which requires the footings of the external wall (south side) be underpinned to foundations of suitable bearing capacity. Further, steel framework (columns and beams) is installed under structural Engineer’s supervision to brace the building. Note: It would be advantageous to jack the external wall and upper floor to level during installation of cross bracing.

On the completion of the rectification works a certificate from the supervising structural Engineer must be provided to Council to verify the structural adequacy of the building.”

Reason for the Order: Building is so dilapidated as to be prejudicial to its occupants or to persons or property in the neighborhood.”

22.02.00 Leichhardt to Mr & Mrs Voukelatos *DJ 1-2, p.162-3  

“The Emergency Order: To repair or make structural alterations to a building “To Wit”

Carry out repairs as recommended by Report of Barry Smith Bateman & Associates Pty Ltd. Dated 28 February 2000 which states inter alias:

Immediately brace external wall prior to rectification works to ensure public safety.

Reason for the Order: Building is or is likely to become a danger to the public.”