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Treachery the Other-side of Connecting Wall: A Neighbour's Disastrous Effect on Our Peaceful Refuge
In the CBD of Lawrence street Melbourne stood our loving home of greater than 20 years, a secret award winning house and garden in the middle of the chaos of the city streets. For over 20 years, it was a beautiful sanctuary of comfort, a haven of beauty and asylum.
As an esteemed architect, my friend had graced our community with many urban proposals, but of these none were more personal and loved that the progressive design of the Lawrence Street, Alexandria, Victorian style conversion. Conspicuously in the Sydney Morning Herald, it was hailed as a masterpiece, weaving old-world charm with modern elegance.
The Victorian transmutation was a testament to architectural ingenuity—a two-story build and conversion to a Victorian terrace, offering a house for a small family and a home-office or studio. The highlight was the light tower, soaring above the roof with floating stairs, acquiring the essence of the southeastern and north west skies. French sash windows dressed the master bedroom, while timber casement windows embellish in the bathroom welcomed views and filtered light.
However, this pleasant existence was destroyed when a new neighbour, a fencing contractor, entered the scene next door. Initially welcomed with open arms, his actions soon turned our lives upside down threatening the safety of everyone in the area. Without proper notification, he began demolishing our brick supporting wall, the main load supporting wall of our master bedroom. At one stage he had constructed pipes from his roof diverting water into our studio, causing several thousand dollars damage to our property and undermining its structural integrity.
To compound matters, we through investigation found that the intermediate wall did not meet the legal fire rating, a critical omission that endangered our well-being. Despite our urgent endeavours to seek resolution the problem with the builder and contacting the council, we were informed the builder's inspector had already approved on the building renovations, providing no recourse and leaving us vulnerable to harm.
In spite of receiving a legal judgement in their favour and compensation for the damages incurred, the emotional toll was abysmal and created many unpleasant memories. They were forced to sell their beloved home, we mourned the loss of our award winning sanctuary, another victim of proper government oversight and dangerous building practices. The lack of oversight and appropriate governance by government and local council allowed this tragedy to unfold, heightening the necessity for more extensive responsibilities and protection for owners.
As we grapple with the aftermath of this trial, we are left to consider: What help do owners have when their sanctuaries are threatened by the neglect of dodgy construction companies?
How to Begin - Pick the Capable and Unqualified Building Companies in Australia..?
The Failed, Fugitive, and the end of Building CompanyToplace
from July 2023
A Insolvent adviser was comprehensively involved with acquiring his insolvent registered company a very profitable construction contract — managing the dissolution of Insolvent Jean Nassif's business empire, which drowned under liabilities exceeding $1.24 billion, incl. $88.5 million due to suppliers and onsite builders.
Fresh revelations about the ruin of Nassif's Toplace corporation have surfaced in documents shown to the Australian Federal Court this month by administrators from dVT Group. These evidence unveiled that secured creditors, such as banks with mortgages on Toplace properties and offshore lenders in tax havens like the British Virgin Islands, are owed one thousand million.
Additional Relevant Information:
Jean Nassif, and Toplace's Skyview development in Castle Hill.
Unsecured creditors, have filed claims with a total est. $244 million.
Court filed claims also tell that Riad Tayeh, company founder of dVT Group, which was involved in a key responsibility in guaranteeing his firm's assignment as bankruptcy managers. In spite of being declared bankrupt in July 2022 with millions in debt in debt, Tayeh, now a consultant, and business colleague Antony Resnick went to crucial business meetings with Toplace executives in the days leading up to the companies appointment as bankruptcy managers.
As well as those attending the meetings on June 2019 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal practicing certificate has been suspended while she fights charges relating to fraud tied to Toplace's Skyview construction development in Castle Hill.
Riad Tayeh was declared insolvent in May 2022.
Just before the meetings, an arrest warrant was issued of Jean Nassif, 55, who escaped to Dubai in October 2022. Jean and Ashlyn Nassif are accused of falsifying contracts to secure a $150 million loan from Westpac.
In July, Resnick and fellow dVT partner Suelen McCallum were made voluntary bankruptcy administrators for Toplace, following a resolution passed by Jean Nassif, Toplace's sole director, via email just hours prior. The administrators now face the task of handling one of Australia's biggest corporate bankruptcy's.
Resnick filed an affidavit in the Federal Court indicating that while Toplace's assets are valued at approximately $1.47 billion, its debts are nearly the same amount. Despite this, several owners' corporations have filed claims amounting to nearly $124 million to address serious defects in Toplace's buildings.
Further complicating the administrators' task is the web of intercompany loans among Nassif's entities, which amount to $319 million. adding that Toplace's financial books had not been properly updated since 2021.
Sydney Buildings Falling Down... Nightmare on Builders Street?!
Continuing from my opinion piece "Holding the Line" (https://shorturl.at/4xbiF), the following stories outline a persistent sickness within the Sydney housing and property market. Despite recently updated NSW Building Property legislation, many investors are forced to buy homes that do not guarantee the safety of their money and investment.
These stories often go unnoticed and become the burden of socially righteous politicians in search of votes. The diminishing hope that government and local councils will provide a safe pair of hands for Australians striving to live the Aussie homeowner dream is disheartening.
Failures of Governance
- New Tower Block Evacuated Amid Cracks Concern: (https://t.ly/8b5Xd)
- Opal Tower Evacuation Amid Structural Concerns: (https://t.ly/vy_eG)
Betrayal Behind the Walls: A Neighbor's Ordeal
In the heart of Alexandria stood my friends David and Anne's sanctuary—a walled garden amidst the chaos of city streets. For 30 years, it was a place of solace and safety. David, an esteemed architect, had graced our community with numerous urban projects, none as beloved as the Lawrence Street Victorian conversion. Hailed as a masterpiece, it blended old-world charm with modern elegance.
The Victorian conversion featured a two-storey addition and renovations to a late Victorian terrace, highlighted by a light tower soaring above the main structure with suspended stairs. French windows adorned the bedroom, while timber casement windows in the bathroom welcomed views and filtered light.
As the design set a precedent, builders and designers began poaching the concept. Paul Meek, a builder, purchased the single-storey terrace adjoining my friends' and sought to incorporate David's design concept into his new renovation.
Life was reasonable until Meek began demolishing the upper walls and roof of his terrace, causing horrendous noise and damage to David and Anne's wall. When confronted, Meek revealed large cracks on their wall but refused entry for inspection.
Eventually, David hired an unbiased engineer to inspect the wall at his and Anne's expense, as the City of Sydney had failed to include a Dilapidation Report in Meek's Development Consent.
The wall damage was just the beginning. David and Anne experienced flat car tires from builders' screws, water damage in their home, and other disruptive issues. Despite legal advice, they struggled to hold Meek accountable. Offers from Meek to repair the damage were refused, and my friends settled for a small sum for walls and ceiling damage.
Meek's negligence continued with a faulty stormwater system, causing further damage and concerns about termite risks. Complaints to the Council and Building Certifier were dismissed, leading to a futile letter of demand from David's solicitor.
After repeated flooding incidents and confrontations, David and Anne sought conciliation through the NSW Community Justice Centre, but the Meeks refused. Left with no choice, David and Anne sold their house and retired to the NSW far south coast. The legitimacy of private certifiers approving building works remains under scrutiny by State and Local Government and Royal Commission investigations.
Conclusion
"We did everything we could to resolve these issues; however, although we received minor compensation, it was nothing compared to the stress we endured trying to get our neighbor to build responsibly, and a state government and local council who could do nothing to protect us due to a lack of proper governance."
Australian homeowners are left to ponder: What other disasters are waiting to destroy their dreams? What recourse do house, apartment, and property owners have when their sanctuaries are threatened by greed, incompetence, and negligence? Even with recent legislation in NSW, it fails to provide complete protection for homeowners.