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Subversiveness the Other-side of Connected Wall: A Neighbour Calamitous Effect on Our Idyllic Refuge

In the CBD of Alexandria, Melbourne stood our gorgeous sanctuary of some 30 years, a walled special architecturally designed house and garden in the middle of the chaos of its streets. For 30 years, it was a gorgeous home of comfort, a haven of shimmering beauty and sanctuary.

As an honoured architect creator, my friend had donated to our city with numerous city improvement proposals, but of these none were more personal and loved that the progressive design of the Lawrence Street, Sydney, Australia, Victorian style conversion. Conspicuously in the Sydney Morning Herald, it was hailed as a creative masterpiece, weaving Victorian charm with neo elegance.

The Victorian conversion was a creed to architectural ingenious—a two and ½-story addition and conversion to a Victorian terrace, offering a house for a small family and a studio. The premier feature was the light tower, far above the main structure with floating stairs, acquiring the essence of the southeastern and northwestern sky. French style sash windows adorned the main bedroom, while timber casement windows embellish in the bathroom welcomed views and filtered light.

However, this pleasant existence was shattered 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 a major supporting wall on our property, the major load supporting wall of our master bedroom. At one point he had constructed a hose from his roof diverting water into our office, causing over some several thousand dollars damage to the upstairs rooms, and undermining the footing of the house.

To compound matters, we discovered that the intermediate wall did not meet the legal fire rating, a critical oversight that threatened everyone's safety. Despite our urgent attempts to seek resolution the issue with the builder and contacting the council, we were informed the builder's inspector had already approved on the construction, providing no recourse and leaving us open to harm.

In spite of getting a judgement in their favour and compensation for the damages incurred, the emotional toll was immeasurable and created many unpleasant memories. They decided to sell their beautiful home, we mourned the loss of our garden refuge, another victim of proper government oversight and dodgy construction practices. The lack of oversight and appropriate governance by local government created the environment for this tragedy to unfold, heightening the necessity for greater accountability and protection for owners.

As we wrestle with the aftermath of this experience, we are left to ponder: What recourse do owners have when their greatest financial investment are made vulnerable by the neglect of dodgy construction companies?

When to Commence – Vote the Qualified and Worst Building Companies in Australia..?

The Insolvent, Fugitive, and the Collapse of Building CompanyToplace's Billion-Dollar Empire

from Aug 2023

A Suspect building adviser played a crucial function in securing his bankrupt firm a highly lucrative job — oversight of the dissolution of Defendant Jean Nassif's corporate empire, which went under debts exceeding $1.24 billion, inclusive $88.5 million payable to suppliers and onsite builders.

New disclosures about the ruin of Nassif's Toplace corporation have surfaced in evidence presented to the Australian Commonwealth Federal Court this month by administrators from dVT Group. These papers 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 $1 billion.

Additional Applicatory Info:

Jean Nassif, and Toplace's Skyview development in Castle Hill.

Creditors without Security, have made claims totalling an estimated quarter of a billion. Court claims also tell that Riad Tayeh, company founder of dVT Group of companies, played a fundamental responsibility in securing his companies designation as administrators. Despite being proclaimed insolvent in May last year with several million in debt, Tayeh, now a consultant, and colleague Antony Resnick went to essential business meetings with Toplace top managers in the period before the firm's appointment as bankruptcy managers. As well as those involved at the meetings on July 2019 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal practicing certificate has been suspended while she fights charges related to a $150 million fraud bound to Toplace's Skyview development in Castle Hill.

Riad Tayeh was charged insolvent in May last year.

Just days before these meetings, an arrest warrant was issued of Jean Nassif, 55, who fled Sydney for Dubai in December 2022. Jean and Ashlyn Nassif are accused of fraud 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, its sole director 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. Administrators are also investigating more than 3,000 residential apartments still under development.

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.