10. 2000 – Rectification quotes

I, the Teacher, was king over Israel in Jerusalem. I have seen all the things that are done under the sun; all of them are meaningless, a chasing after the wind.


1. In the near future
2. Order be cancelled immediately
3. Remedy these defects
4. Rectification quote for $59k

1. In the near future

Mr Voukelatos considers the Rooney & Bye report as favourable and he asks Mr Ketas to fax it to Leichhardt Council, requests them to lift the order and assures them that the owners will carry out the necessary repairs in the near future.

11.04.00 Mr Ketas to Mr Voukelatos IM 1, 354

“I am faxing you the report as requested. Please contact me when you receive.


Ps I will fax to theo casimatis”

12.04.00 Mr Voukelatos to Mr Ketas IM 1, 354

“Thank you for your fax. I have read the Report from Rooney & Bye that you sent me, which I would describe as a favourable report. In that, it recognises that the eastern wall does need some non-urgent work carried out, however, it does not pose a threat either to the public or the occupants in its present state.

I would like you to fax this Report to the Council ASAP and request that they lift the order that they previously issued and assure them that we will carry out the necessary repairs in the near future. With respect to the tenant request for rent moratorium, my answer is a definite NO, my reason for this is that he embarked upon a course of action in obtaining his own Engineering Report without having given us the opportunity to read it and discuss it before he submitted it to Council and hopefully the Report from Rooney & Bye will help to resolve this.

Please advice the tenant of the contents of this Report and my decision to his request. Please e-mail me or telephone me tomorrow if you wish to discuss the above or you have some news from the Council.

Finally I believe that most of the buildings in Glebe would have some structural problems if one looks hard enough to find some. Mr Grant’s proposed building work would have to be sensitive to the structural condition of a building which is 100 years old.”

2. Order be cancelled immediately

Mr Ketas sends the Rooney & Bye report to Leichhardt Council and requests the cancellation of the order immediately and he states that the Owner will carry out the necessary repairs in the near future. Mr Grant asks Mr Ketas to attend the matter urgently because it is totally out of his hands as he does not own the building.

12.04.00, Mr Ketas to Leichhardt Council IN 1, 355

“Dear Warwick,

Re: Emergency order

39 Glebe Point Road, Glebe

Lot 9. DP 245 404

Please find attached a Report from Rooney & Bye Consulting Engineers for your appraisal.

Due to their findings the Owner has requested that the order be cancelled immediately. The Owner will carry out the necessary repairs on the building in the near future.

If this does not meet to your satisfaction please contact the undersigned.”

Mr Grant to Mr Ketas IO 1, 356

“If Mr Voukelatos believes the building to be in good order and if his Engineer will attest to this, there is a possibility that Council will withdraw their order.

I would appreciate you attending to this as a matter of extreme urgency. As every day goes by absolutely no progress is made. It is totally of my hands, as I do not own the building.

Anticipating your reply as a matter of urgency”

17.04.00 Mr Ketas to Mr Voukelatos IP 1, 357

“I have spoken with Leichhardt Council today and they have agreed to lift the order.

Still waiting for rent though.”

3. Remedy these defects

Mr Grant’s Lawyer understands that Mr Voukelatos agreed to remedy the structural defects and he trusts that his client will not be liable to pay rent for as long as he is prevented from completing the fit-out works and occupying the premises.

xx.04.00 Mr Grant’s Lawyer to Mr Casimatis IQ 1-2, 358-9

“We have been instructed by the Lessee that the fit out of the above stated premises has been delayed for approximately six weeks due to structural inadequacies found in the course of our client’s fit out.

Pursuant to special conditions 15.5-15.7 and the Lessee’s Works referred in Schedule 1 of the Lease, we enclose report from Barry Smith Bateman & Associates Pty Ltd dated 2 February 2000.

Our client confirmed that the structural defects noted on this Report would need to be repaired in order for our client to obtain satisfactory development application consent from the Local Council. As these structural defects were not apparent when our client originally inspected the premises and are outside the scope of the Lessee’s scheduled works, we understand they the Lessor has agreed to remedy these structural defects.

We trust that our client will not be liable to pay rent or other monies for this six week period or as for so long as he is prevented completing the fit out works and occupying the premises due to the structural defects which your client is obliged to rectify.

Our client reserves its rights under the Retail Leases Act (NSW).”

4. Rectification quote for $59k

L.S. Booth Pty Ltd, Underpinning & Rectification Specialist, submits its’ quotation for the sum of $59,200.00, to underpin the footing to a depth below the existing foundation and to jack the building as found practical.

29.05.00 L.S. Booth Pty Ltd to Luke Ketas IR 1-2, 360-1

“L.S. Booth Pty Ltd

Underpinning & Rectification Specialists

Re: Proposed underpinning to commercial building at 39 Glebe Point Road, Glebe.

We have pleasure in submitting our quotation for the sum of $59,200.00 (GST included) to construct the following work.

Underpin the east wall and north return approximately twenty meters with continuous footing to a depth of approximately 700mm x 900mm wide below the existing foundation.

It will be necessary to engage an Engineer to check our proposal, prepare drawing, inspect work in progress and to issue a certificate on completion. Engineer fees is the responsibility of others.

It will be necessary to obtain permission from Council to work from their property. This is the responsibility of others.


Excavate as required for footing.

Fill with 20Mpa concrete to within 38mm of under side of the existing foundation.

Place hydraulic jacks and jack the building as found practical.

Grout between under surface of the existing foundation and the concrete piers.

Back fill the excavation and remove surplus excavated material from the site.

No allowance has been made for internal patching or painting.”