Betrayal Behind of Connecting Walls: A Neighbour Calamitous Impact on Our Idyllic Sanctuary
In the Central Business District of Alexandria, Melbourne we had renovated our beautiful sanctuary of 30 years, a concealed award winning house and garden in the centre of the storm of the city. For over 20 years, it was a loving home of comfort, a oasis of shimmering beauty and sanctuary.
As an prestigious architect, my friend had donated to our city with numerous city improvement design proposals, but of these none were more personal that the modern design of the Lawrence Street, Sydney, Australia, Victorian style conversion. Featured in the Sydney Morning Herald, it was applauded as a creative masterpiece, weaving Victorian charm with neo elegance.
The Victorian conversion was a creed to architectural inventiveness—a two and 1/2-story build and conversion to a Victorian style semi-attached, providing a house for a small family and a home office. The premier feature was the light tower, soaring above the main structure with floating stairs, acquiring the core of the southeastern and north west sky. French style sash windows dressed the master bedroom, while timber casement windows decorate in the bathroom welcomed views and filtered light.
However, our beautiful existence was destroyed when a new neighbour, a fencing contractor, moved in next door. Initially welcomed with open arms, his actions soon created absolute chaos threatening the safety of everyone in the area. Without due diligence, he began demolishing a major supporting wall on our property, the major load supporting wall of our bedroom. At one stage he had setup a hose from his roof diverting water into our office, causing over some several thousand dollars damage to our property and undermining its structural integrity.
To compound matters, we through investigation found that the intermediate wall lacked the required fire rating, a major oversight that endangered everyone's safety. In spite of our urgent attempts to seek resolution the issue with the builder and contacting the council, the council said the builder's inspector had already approved on the construction, providing no recourse and leaving us vulnerable to harm.
Despite getting a legal judgement in their favour and compensation for restitution, 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 casualty of government negligence and dicey construction practices. The lack of proper oversight and appropriate governance by government and local council created the environment for this tragedy to unfold, highlighting the need for more responsibilities and legal protection for owners.
As we grapple with the consequence of this ordeal, we are left to ponder: What help do owners have when their greatest financial investment are threatened by the carelessness of dodgy builders?
Where to Commence - Voting the Best and Unqualified Construction Companies in Australia..?
The Insolvent, Defendant, and the ending of CompanyToplace's Billion-Dollar Empire
from Oct 2023
A Insolvent adviser played a pivotal role in secured his insolvent firm a highly lucrative job — oversight of the collapse of Bankrupt Jean Nassif's business empire, which sunk under financial obligations in excess of $1.24 billion, incl. $88.5 million due to suppliers and tradespeople.
New revelations about the failure of Nassif's Toplace group of compaines have come out in evidence shown to the Australian Federal Court this recently by bankruptcy administrators from dVT Group. These papers show that secured creditors such as offshore lenders in tax havens, are owed one thousand million.
Additional Applicatory Info:
Riad Tayeh, Jean Nassif, and Toplace's Skyview building development in Castle Hill.
Unsecured creditors, have made claims totalling an est. $244 million.
Australian Federal Court filed claims also tell that Riad Tayeh, business founder of dVT Group, which was involved in a central responsibility in guaranteeing his businesses appointment as administrators. In spite of being proclaimed insolvent in June 2022 with several million in debt, Tayeh, now a business consultant, and colleague Antony Resnick went to crucial meetings with Toplace executives in the weeks leading up to the firm's appointment as bankruptcy managers.
Among those involved at the meetings on July 2019 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal practicing certificate was suspended while she fights charges related to a $150 million fraud bound to Toplace's Skyview building development in Castle Hill.
Riad Tayeh was declared insolvent in July last year.
Just days before these meetings, an arrest warrant was issued of Jean Nassif, 55, who escaped to Dubai in November 2022. Jean and Ashlyn Nassif are accused of creating false documentation to secure a $150 million loan from Westpac.
In July, Resnick and fellow dVT partner Suelen McCallum were appointed voluntary bankruptcy administrators for Toplace, following a resolution passed by Jean Nassif, its sole director The bankruptcy managers now face the task of handling one of NSW's largest corporate collapses.
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.