A2. Fairy Godmother

Then he lay down under the broom tree and fell asleep. All at once an angel touched him and said, Get up and eat.

In December 2000 the tenant Grant gives Council a report detailing structural problems at 39 Glebe Point Road.

The owner Voukelatos complains to his agent that the tenant has “raised a hornet’s nest with Council” with his new report.

The owner asks Council for more time to comply with the Emergency Order and states that “we have lived permanently in Greece for the last 10 years & have not seen our property since 1990”.

He claims that in 1990 there had been “no concern” raised by Council about the southern wall. He asks for further time to rectify the problems with the wall and applies to have both orders lifted.

The owner’s agent, L.J. Hooker Glebe, arranges an independent report on the property which details cracks in the northern wall and undermining in the eastern wall. These problems, it says, create no immediate danger of collapse but remedial works will have to be done soon.

The owner asks his agent to arrange quotes from contractors for undertaking rectification works on the property. The tenant’s lawyer claims the owner agreed he would remedy structural defects.

Contractor L.S. Booth quotes $59,200 for rectification works to underpin the east wall for approximately twenty meters with continuous footing to a depth of approximately 700mm and 900mm wide below the existing foundation.

The tenant unsuccessfully requests a rent moratorium.

Advanced Underpinnings, owned by the tenant Grant, submits a quote to do the rectification works, which the owner accepts subject to those works passing a building inspection at completion.

The owner tells the agent to lock the tenant out if his rent remains unpaid and to make progress payments on the rectification works only if the tenant’s rent payments are current.

Rectification plan drawings are received. The owner authorises the tenant’s company to begin the rectification works and instructs the agent to lock the tenant out if his rent remains unpaid.

The owner instructs the agent again to delay progress payments to the tenant’s company until rent payments are up-to-date. He asks the tenant to arrange indemnity insurance and asks his lawyer, Casimatis, to review the building contract.

The tenant requests permission to surrender his lease on 39 Glebe Point Road or, alternatively, to transfer it to one of his other companies, Advanced Building Services Australia.

The owner’s lawyer Casimatis suggests that they should get rid the tenant and adds “I have no confidence that Jack Grant will be your fairy godmother and resolve all of your issues for you”.

* * *

A2. Fairy Godmother 

08.2000 – Was no concern

As part of the DA process, tenant Grant gives Council a report showing structural problems in the side wall at 39 Glebe Point Road.

Owner Voukelatos tells agent Ketas that Grant has “raised a hornet’s nest with Council” with this new report.

Owner complains that two notices, an “Emergency Order” and a “Notice of Proposed Order”, which were issued by them have taken 30 days to reach them and that “we have lived permanently in Greece for the last 10 years & have not seen our property since 1990.”

He claims that in 1990 there had been “no concern” raised by Council about the southern wall and asks for further time to rectify the problems with the wall and apply to have both orders lifted.

09. 2000 – The whole building

At the owner’s request the agent LJ Hooker arranges an independent, more detailed report which shows cracks in the northern wall and bowing and undermining in the eastern wall.

According to engineer Blunt, “The wall has rotated in an easterly direction, and bows in and out for the full length. This movement appears to have rotated the whole building”.

Blunt adds that there is no immediate danger of collapse but rectification works will have to be done soon.

10. $59,000.00 quote

The owner accepts the independent report and authorises LJ Hooker to arrange quotes from contractors for undertaking rectification works.

Following the owner’s request, Council lifts the emergency order. Grant’s lawyer claims owner Voukelatos agreed to remedy the structural defects.

Contractor L.S. Booth quotes $59,200.00 for rectification works. Tenant requests a rent moratorium but the owner refuses.

11. 2000 –  Rectification plan

A second contractor, Advanced Underpinnings, owned by the tenant Grant, submits a quote to do rectification works. The owner accepts it while reserving the right to have the work inspected by his agent or structural engineer.

The owner asks the agent LJ Hooker to lock out Grant if his rent remains unpaid. Grant’s rent is to be paid on time whilst the underpinning work is being carried out otherwise progress payments to Grant will be delayed.

B.S.B. Consulting Civil and Structural Engineer provides rectification plan drawings.

12. 2000 – Lock out 1: Grant

Owner Voukelatos authorises the tent Grant company ‘Advanced Underpinnings’ to begin rectification works.

Council authorises the works to be carried out in accordance with plans drawn up by B.S.B. Engineering.

Owner instructs Ketas of LJ Hooker to lock out tenant Grant and comments “we would be pleased to see him go”

13. 2000 – The work start

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.

14. 2000 – Fairy Godmother

Tenant Grant requests the surrender of his lease of 39 Glebe Point Road or its transfer to one of his other companies, Advanced Building Services Australia.

Owner’s lawyer Casiamatis suggests to the owner that Grant’s surrender of the lease would be a good option.

He recommends they should get rid of Grant and adds “I have no confidence that Jack Grant will be your fairy godmother and resolve all of your issues for you”.