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Treachery Behind of Shared Wall: A Builders Fateful Effect on Our Idyllic Home

In the Central Business District of Alexandria Melbourne, Australia we had renovated our gorgeous home of some greater than 20 years, a walled garden amidst the noise of its streets. For greater than 20 years, it was a beautiful place of comfort, a haven of beauty and sanctuary.

As an esteemed architect creator, my friend had graced our city with many urban design 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 applauded as a creative masterpiece, blending Victorian charm with modern-day elegance.

The Victorian transmutation was a testament to architectural ingenious—a two-story build and conversion to a Victorian style semi-attached, providing a home for a family and a studio. The highlight was the light tower, far above the main structure with floating stairway, capturing the essence of the south east and north west skies. French sash windows adorned the master bedroom, while timber casement windows embellish in the bathroom frame the views and filter the light.

However, our beautiful lifestyle was destroyed when our neighbour, a builder, moved in next door. Initially welcomed, 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-bearing wall of our master bedroom. At one stage he had setup pipes from his roof diverted water into our office, causing several thousand dollars damage to our property and undermining its structural integrity.

Additionally to outline the lack of construction experience, we through investigation found that the intermediate wall lacked the required fire rating, a major omission that threatened everyone's well-being. Despite our urgent efforts to rectify 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 fire.

Despite receiving a legal judgement in their favour and recompense for the damages incurred, the toll was abysmal and created many unpleasant memories. They decided to sell their beloved home, we mourned the loss of our award winning sanctuary, another casualty of proper government oversight and dodgy construction practices. The lack of oversight and appropriate governance by local government allowed this tragedy to unfold, highlighting the necessity for greater accountability and protection for owners.

As we grapple with the aftermath of this trial, we are left to consider: What assistance do house owners have when their sanctuaries are made vulnerable by the negligence of dodgy builders?

When to Start – Voting the Qualified and Inept Builders in Commonwealth of Australia..?

The Failed, Defendant, and the Collapse of CompanyToplace's Billion-Dollar Empire

from Oct 2023

A Accused building consultant was comprehensively concerned with acquiring his insolvent company a very moneymaking job — supervising the collapse of Accused Jean Nassif's property empire, which drowned under debts surpassing $1.24 billion, including $88.5 million payable to suppliers and sub-contractors.

Fresh disclosures about the ruin of Nassif's Toplace group have come out in documented evidence presented to the Australian Commonwealth Federal Court this week by administrators from dVT Group of Companies. These papers show that secured creditors such as banks with mortgages, are owed $1 billion.

Additional Applicatory Info:

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

Unsecured creditors, have made claims with a total est. quarter of a billion. Court claims also show that Riad Tayeh, company founder of dVT Group, which was involved in a central responsibility in guaranteeing his businesses designation as administrators. Despite being declared insolvent in July 2022 with $5.4 million in debt, Tayeh, now a consultant, and partner Antony Resnick went to important meetings with Toplace executives in the period leading up to the firm's appointment as bankruptcy administrators. Among those involved at the meetings on May 2020 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal certificate was suspended while she fights charges relating to fraud bound to Toplace's Skyview building development in Castle Hill.

Riad Tayeh was charged financially bankrupt in July last year.

Just days before these meetings, a warrant was issued for the arrest of Jean Nassif, 55, who escaped to Dubai in December 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 appointed voluntary bankruptcy administrators for Toplace, following a resolution passed by Jean Nassif, Toplace's sole director, via email just hours prior. The bankruptcy managers now face the task of handling one of NSW's biggest 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 a staff member suggested there may be another $400 million in loans involving Nassif entities that are not yet under administration. adding that Toplace's financial books had not been properly updated since 2021.

Resolution Reached for Mascot Towers, Owners to Finally Escape Longstanding Struggles...

After five years of enduring legal battles and financial burdens, relief may be in sight for the long-suffering apartment owners of Mascot Towers in Sydney. A landmark deal brokered by the New South Wales government offers a pathway for owners to sell their properties individually, potentially freeing them from debt and uncertainty.  The majority of owners have opted to accept the government's proposal, which involves selling to a third-party commercial consortium rather than pursuing a collective sale. As part of the agreement, owners will receive a portion of the $30 million building price, along with means-tested support from the state government. Additionally, banks have agreed to reduce loan balances by up to 40% for owner-occupiers, enabling them to move out without financial encumbrances.

However, this debt-relief option is exclusively available to those who resided in the property prior to its evacuation in 2019 due to structural defects. Eligible owner-occupiers, along with select investors, may qualify for government assistance of up to $120,000, depending on their income and assets.  While the deal offers a fresh start for many, it comes with the realization that property values have significantly depreciated since the original purchase. Despite this drawback, the Minister for Fair Trading, Anoulack Chanthivong, views the agreement as a crucial step towards closure for affected owners, describing it as the end of a “dark chapter” in the state's building history.

The next phase involves determining the extent of government support for owners and ensuring that lenders fulfill their commitments. The journey towards resolution began in 2019 when residents were evacuated due to structural concerns, prompting a prolonged battle for justice and financial relief.  Throughout this ordeal, owners faced the burden of ongoing levies, mortgages, and remediation costs, exacerbating their plight. The evacuation prompted a grassroots campaign urging regulatory reforms and developer accountability, culminating in the current agreement.

To date, the NSW government has allocated $21 million in support to affected owners, underscoring its commitment to addressing the repercussions of defective building practices. As the community looks ahead to a new chapter, the resolution of Mascot Towers stands as a testament to perseverance and collective action in the face of adversity.

Paul Meek Builder,