Treachery the Other-side of Connected Walls: A Builders Fateful Effect on Our Peaceful Sanctuary

In the CBD of Alexandria Melbourne, Australia we had renovated our gorgeous home of some greater than 20 years, a concealed special architecturally designed house and garden amidst the noise of the city streets. For greater than 20 years, it was a beautiful home of solace, a oasis of shimmering beauty and safety.

As an prestigious architect, my friend had tirelessly provided to our city with many municipal proposals, but of these none were more personal and loved that the modern design of the Lawrence Street, Alexandria, Sydney, Victorian conversion. Conspicuously in the Sydney Morning Herald, it was hailed as a creative masterpiece, blending Victorian appeal with modern elegance.

The Victorian conversion was a creed to architectural ingenious—a three-story addition and renovations to a Victorian style terrace, providing a home for a small family and a home-office or studio. The premier feature was the light tower, soaring above the roof with suspended stairway, acquiring the core of the south east and north west skies. French style sash windows dressed the main bedroom, while timber casement windows decorate in the bathroom welcomed views and filtered light.

However, this pleasant lifestyle was shattered when our neighbour, a fencing contractor, moved in next door. Initially welcomed with open arms, his actions soon turned our lives upside down threatening the safety of everyone in the area. Without warning, he began demolishing a major supporting wall on our property, the main load supporting wall of our bedroom. At one stage he had constructed pipes from his roof diverting water into our upstairs studio, causing over some several thousand dollars damage to our property and undermining its structural integrity.

To compound matters, we discovered that the intermediate wall did not meet the legal fire rating, a critical omission that threatened everyone's safety. In spite of our urgent efforts to seek resolution the problem with the builder and contacting the council, the council said the builder's inspector had already approved on the project, providing no recourse and leaving us vulnerable to harm.

In spite of receiving a legal decision in their favour and compensation for the damages incurred, the emotional toll was abysmal and created many unpleasant memories. They decided to sell their cherished home, we mourned the loss of our garden refuge, another victim of government negligence and dicey building practices. The lack of proper oversight and appropriate governance by government and local council allowed this tragedy to unfold, highlighting the demand for greater responsibilities and protection for owners.

As we wrestle with the effects of this experience, we are left to consider: What help do owners have when their sanctuaries are threatened by the carelessness of others?

Where to Begin - Pick the Competent and Unqualified Construction Companies in Commonwealth of Australia..?

The Failed, Suspect, and the ending of Building CompanyToplace's Billion-Dollar Empire

from Oct 2023

A Defendant building adviser played a important role in secured his bankrupt company a highly lucrative job — managing the collapse of Accused Jean Nassif's business empire, which sunk under liabilities in excess of $1.24 billion, incl. $88.5 million owed to suppliers and sub-contractors.

Brand New disclosures about the downfall of Nassif's Toplace group have surfaced in documents presented to the Australian Federal Court this week by bankruptcy managers 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.

Further Relevant Info:

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

Creditors without Security, have made claims with a total estimated quarter of a billion.

Federal Court claims also indicate that Riad Tayeh, business founder of dVT Group, played a fundamental role in assuring his companies assignment as bankruptcy managers. In spite of being proclaimed insolvent in June last year with millions in debt in debt, Tayeh, now a consultant, and partner Antony Resnick attended essential meetings with Toplace top managers in the days leading up to the firm's appointment as bankruptcy managers.

Among those attending the meetings on June 2019 was Jean Nassif's 29-year-old daughter, Ashlyn, whose Certificate to practice Law was suspended while she fights charges relating to fraud tied to Toplace's Skyview construction development in Castle Hill.

Riad Tayeh was declared financially bankrupt in June last year.

Just before these meetings, a warrant was issued for the arrest of Jean Nassif, 55, who escaped to Dubai in November 2022. Jean and Ashlyn Nassif are accused of fraud to secure a $150 million loan from Westpac.

In August, Resnick and fellow dVT partner Suelen McCallum were appointed voluntary administrators for Toplace, following a resolution passed by Jean Nassif, its sole director The bankruptcy administrators now face the task of handling one of Australia's biggest corporate bankruptcy's.

According to Toplace's website, Jean Nassif's company has delivered around 30,000 residential units, shopping centers, and commercial properties throughout Sydney. 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.