What is twisted cannot be straightened; what is lacking cannot be counted.
Owner Voukelatos asks agent Ketas of LJ Hooker how much rent is owned by tenant Grant and directs no payments to be made to Grant regarding wall repairs until his rent payments are up-to-date.
Owner asks Ketas if Grant will sign a building contract which provides indemnity issues as raised by his lawyer Casimatis.
Owner asks Casimatis if he approves the contract and if so, when the work will start.
Contents
1. Conditions for reconstruction
2. Indemnity issues
3. The work start
1. Conditions for reconstruction
Mr Voukelatos makes payment for the wall’s repair conditional on receipt of the rent money.
21.09.00 Mr Voukelatos to Mr Ketas IW 1, 366
“In your last e-mail, you mentioned that Jack would pay rent by Tuesday 12/9/00, did he?
Please advise exactly what he is up to with rental. As previously advised, we will not pay any monies toward the wall reconstruction unless the rent is up to date!”
27.09.00 Mr Voukelatos to Mr Ketas IX 1, 367
1). Did Jack make that rental payment on Tuesday early this month or any subsequent rental payments & is he now up to date?
(Jack paid $4600 on 14/9/00. Paid to 28/7/00 with +637.06 in credit)
2). We will not pay him any money re repair of the wall until he is up to date on rent.”
Finally hope you are all enjoying the Olympics. I must admit watching them each day on T.V. makes us homesick for Sydney.”
2. Indemnity issues
Mr Voukelatos asks Mr Ketas if the Lessee will sign a building contract which provides indemnity issues raised by Mr Casimatis.
23.10.00 Mr Voukelatos to Mr Ketas IY 1, 368
“Further to our telephone discussion on Friday 13 October, I’ve just set down to re- examine where we stand with the tenant to date.
I understand that Mr J Grant is to sign a (basic) building Contract, which will provide for amongst other things indemnity issues raised by Theo Casimatis in respect of the underpinning of the wall. Will he sign such a Contract? If so, can you please fax me a copy of it for our consideration before we sign it and give him 25% of the quoted amount.
As previously agreed, we are not to make this payment until J.Grant is up to date with rental. Has he made any further rental payments since 14/9/00? Please advise details.
3. I’m not quite sure if he has paid the 2 months security bond required by the lease. I remember in the beginning he only paid one month. If he still owes one month, I would like him to pay this to you before the commencement of the work.
Have you seen the Development Application approved by Council? I wouldn’t mind a copy of that also because I’m keen to see the approval encompasses (apart from the underpinning) the other work mentioned in Schedule 1 of the lease, which must be completed by 28/1/2001.
Clause 5.15 of the lease also states that he must pay interest to us if the rent is more than 14 days overdue at that rate as shown in Item 14.1. I don’t know what your view is on this but I will ask Theo’s opinion as well since Mr Grant’s continual delay has cost money because I have missed several loan repaymentson our mortgage with IMB. If you and Theo agree, we should recover this as well at some point.
Essentially this tenant has cost me (and you) a lot of time and money. My phone bills to Australia have gone up enormously since Jack Grant signed the lease so I think we have to be fair and operate within the lease.
Your prompt response to the above would be appreciated.”
3. The work start
Mr Voukelatos wonders if his Lawyer will approve the contract and he asks Mr Ketas whether Mr Casimatis approves the Contract and if so, when the work will start.
23.10.00 Mr Ketas to Mr Voukelatos IZ 1, 369
“dear zois
thank you for your e-mail
1/ I have spoken to jack today he will bring the Contract tomorrow
2/ I have asked him to pay more rent as well
3/ I will fax you Council approval and Contract together please confirm your fax number
4/ bond currently held is $8576.72
5/ rent is paid to 28/8/00 plus credit $4212,70
6/ I am holding in the trust account $9118.42”
06.11.00 Mr Voukelatos to Mr Ketas IZ 1, 369
“Further to your 2 e-mail last week. I was just wondering where are we up to-
Did Theo Casimatis approve the Contract? If so, when does the work start? Please send me a copy of the Contract and building approval.
Has Jack paid any more rent? The last time we spoke I think he had paid to 31/8.
Did you pay some rental into my cheque a/c in October to cover my loan repayments?
Please provide me a continuing and timely basis copy of the monthly rental statements to my accountant Vince Choy at Auswide and Co. who has responsibility for our GST returns and the quarterly new installment tax returns.
Warmest regards.”
20.12.00 Sun alliance to Mr Grant IAA 1, 370
“Insured: Advanced Building Services Aust Pty Ltd.
Interest: Construction works Public/Products Liability
Sum Insured: Construction works $2,000,000
Public/Products Liability
Indemnity Limit: $5,000,000”