RESPONDENTS
Noosa Shire Council
& Noosa Property
Shop P/L
FRESH
STATEMENT OF CLAIM
Filed and Served 18
February 2008
claiming Damages of
$75,000, Aggravated
Damages (unspecified)
and Exemplary Damages
up to $200,000 from
the Noosa Council for
its alleged breaches
of various legislations,
Deceit, Extrinsic Fraud
and Negligence.
As
Noosa Council has instructed
its staff not to respond
to investigations by
the applicant so as
to prevent the applicant
becoming aware of the
truth, and also barred
the applicant from sending
information to the Council
server by email.... CLICK
HERE for NOTICE TO NOOSA
COUNCIL EMPLOYEES
Application
by litigant in person
(Gordon Craven who
is not a lawyer)
was filed at the
Brisbane Registry
of the Federal Magistrates
Court on 11 April
2007. The Application
was predominantly
made pursuant to
provisions of the
Commonwealth Trade
Practices Act and
was to recover losses
and damages caused
by the numerous
false representations
(see evidence below)
made by the NOOSA
SHIRE COUNCIL
(amalgamated in
March 2008 into
what is now known
as the SUNSHINE
COAST REGIONAL COUNCIL)
and its real estate
agent Noosa Property
Shop Pty Ltd (now
trading as LAGUNA
TEWANTIN a division
of LAGUNA REAL ESTATE)
to the applicant
who was caused to
wrongly advise his
daughter to pay
the full asking
price and purchase
Council owned real
estate (associated
with the Council's
COOROY
LOWER MILL SITE
DEVELOPMENT)
in reliance on the
false representations.
The
matter was filed
in the Federal Magistrates
Court in the belief
that this was a
Court suitable to
litigants in person
because strict pleadings
were NOT supposed
to be required and
according to the
Federal Magistrates
Act :
The
Federal Magistrates
Court is to promote
the use of dispute
resolution processes
that are likely
to assist people
to resolve disputes
away from the courts.
In
proceedings before
it, the Federal
Magistrates Court
must proceed without
undue formality
and must endeavor
to ensure that the
proceedings are
not protracted.
That belief turned out
to be wrong as despite
the Court knowing what
the matter is all about
(per comment by the Federal
Magistrate), the Applicant's
Statement of Claim has
been struck out on 27
November 2007 after a
5 months and 2 days deliberation
process by the the Federal
Magistrate and His Honour
also found that exemplary
damages cannot be claimed
in a Trade Practices matter
despite the fact that,
on 31 October 2007 the
Federal Magistrates Court
at Melbourne awarded $30,000
in exemplary damages in
the matter of, Crimson
SRL & Anor v Claudia
Shoes Pty Ltd & Ors
(No 4) [2007] FMCA 1728(see
order No. 4), which was
a similar misleading or
deceptive Trade Practices
matter.
AND the Applicant now
has had a costs order
made against him where
approximately $8,000 is
claimed.
However, the Court has
decided that the Applicant's
claim is not without merit
and the Applicant has
been allowed Federal Court
pro bono legal assistance
in drafting a fresh Statement
of Claim and Application
to be filed on or before
18 February 2008.
AND the Queensland Crime
and Misconduct Commission
has notified the Applicant
that 11 complaints (one
of which contain around
30 sub-complaints) out
of the 15 complaints made
by the Applicant, are
being investigated.
At this stage, the fresh
Statement of Claim will
be alleging (amongst other
things) that the Noosa
Council :
•
knew
that many of its
false representations
were in fact false;
•
lied
to the Applicant
(thus evidencing
an intention to
deceive), by saying:
*
that
an independent
Building Certifier
(Noosa
Building Certifiers)
had
provided building
code dispensations
that the Council
was not aware
of; and
*
that
Noosa
Building Certifiers
was a separate
entity to
the Noosa
Council and
has to be
seen as such;
when
in fact the Building
Certifier (Noosa
Building Certifiers)
is a business owned
and operated by
the Noosa Council
under the directorate
of the Business
Director, Mr. David
Thomas who is also
responsible for
the Council's property
development unit
that is responsible
for the false representations;
•
knew
that its Final Building
Certification document
contained undisclosed
dispensations.
An
analogy would be in
a Motor Vehicle Roadworthy
Inspector providing
a dispensation to repair
faulty brakes on his
own vehicle and then
selling the vehicle
with the Roadworthy
Certificate certifying
the brakes to be roadworthy!!!
And what does LAGUNA
TEWANTIN a division
of LAGUNA REAL ESTATE
(Noosa Property Shop
Pty Ltd) do about all
this as a purported
ethical real estate
agency.... well nothing
except DENIAL
of liability and an
EMPTY
LEGAL THREAT,
while its salesperson
Jill Burke (Jill
Burke AT LAGUNA)
who sold the property
has apparently shot
though to South Australia
after a short stint
with Remax Noosa .
A "WANTED
FOR ALLEGED FRAUD"
poster is being prepared.
As a further example
of the integrity of
LAGUNA
TEWANTIN, it
was discovered that
while working as real
estate agent for LAGUNA
TEWANTIN, Ms.
Corynne Moxham
(PICTURE)
chose to steal a copyright
image from this website
for display on her own
website and also actually
had the audacity to
claim that the copyright
ownership belonged to
LAGUNA
TEWANTIN and
LAGUNA
REAL ESTATE.
On the real copyright
owner's (who is the
the Applicant) complaint
to Ms.
Moxham, she
further chose to write
an insulting letter
in reply. Invoices for
the several months illegal
use of the image have
been sent to LAGUNA
TEWANTIN, LAGUNA
REAL ESTATE
and Ms.
Moxham, which
so far, have been ignored.
AND even more...
a disgruntled customer
of LAGUNA
REAL ESTATE
has informed the Applicant
that LAGUNA
REAL ESTATE
is lieing to its customers
in an attempt to distance
itself from Noosa Property
Shop. This consumer
deceit by LAGUNA
REAL ESTATE
in an obvious attempt
to falsely establish
the ethics and integrity
of LAGUNA
REAL ESTATE
and is perpetrated by
staff at LAGUNA
REAL ESTATE
falsely spinning the
story that goes like
this: "Noosa
Property Shop was a
small real estate business
in Tewantin that has
been purchased byLAGUNA
REAL ESTATE
and the issue was before
Laguna's tenure",
when in fact what really
happened is set out
HERE
and Peter Desbrow director
of Noosa Property Shop
P/L (see
ASIC search)
is now a co owner of
LAGUNA
REAL ESTATE
and apparently also
its General Manager.
The Applicant is fed
up with the lies, abuse
and denials from the
scum and spineless bureaucrats
who pay lip service
to consumer rights whilst
protecting their own
petty empires by scheming
and pimping for their
masters higher up the
food chain and at the
big end of town, and
who so far have enjoyed
the protection of the
law in ripping off the
Applicant and his daughter.
Along
with the Crime and
Misconduct Commission
investigations,
the Applicant is
investigating whether
personal actions
should be initiated
in fraud or negligence
against the following
persons that choose
to fail to explain
their conduct and
ignore complaints
personally made
to them by the Applicant:
Mr.
Adam Britton,
Manager Commercial
Development for
Noosa Council,
Mr.
Noel McBride,
Building Supervisor
for Noosa Council,
Mr.
Terry Neller,
Building Certifier
for Noosa Council,
Mr.
Luke Jones,
Ex Building Certifier
for Noosa Council,
Ms. Kara
Davy, Ex Commercial
Development Administration
Officer for Noosa
Council, Mr.
Bruce Davidson,
Chief Executive
Officer for Noosa
Council, Mr. David
Thomas Business
Director for Noosa
Council, Ms. Jill
Burke, Ex Salesperson
for Noosa Property
Shop & Laguna
Real Estate and
perhaps the Noosa
Council's Freedom
of Information
officer Ms Bernadette
Harris for allegedly
failing to release
or disclose Council
documents requested
and material to
these Federal
Magistrates Court
proceedings.
CATCH
WORDS NAMES PHASES
Wakefield Sykes - Solicitor
/ Public Servant, Noosa
Council • Bruce Davidson
- CEO, Noosa Council •
Noosa Mayor : Bob
Abbott (Big Bob) • Noosa Councillors
: Lew Brennan, Ray Kelly, Brian
Lindfield, June Colley, Frank Pardon,
Bob Jarvis, Peter McGregor,
Russell Green, Vivien Griffin.
• David Thomas - Business
Director, Noosa Council •
Adam Britton - Commercial Development
Manager, Noosa Council
• Dana McKenzie - Building/Planning, Noosa
Council • Bernadette Harris
- FOI Officer, Noosa Council
• Noel McBride - Building
Supervisor, Noosa Council
• Kara Davy - ex Administrator, Noosa
Council • Jill Burke -
Real Estate Salesperson, Laguna
Real Estate • Corynne Moxham
- Real Estate Salesperson, Laguna
Real Estate • Laguna Real
Estate Tewantin C/- Proprietor Company
C/- Olivier Miller, Laguna
Real Estate • Adam Britton
• Jill Burke • Noel
McBride • Kara Davy •
Terry Neller • Bruce Davidson
• Luke Jones • David
Thomas
WELCOME TO NOOSA REALTOR
ABOUT NOOSA
SHIRE COUNCIL and LAGUNA REAL ESTATE
TEWANTIN / NOOSA PROPERTY SHOP Pty Ltd (ASIC
info)
A
revealing consumer insight into the real estate industry
and rorted building practices & regulations in Queensland's
Noosa Region, arguably Australia's premier tourist location.
Featuring the Noosa
Shire Council, Noosa
Property Shop Pty Ltd (now trading
as LAGUNA
TEWANTIN a division of LAGUNA REAL ESTATE)
and its agent Jill
Burke. FACTS via IMAGES, VIDEOS
and AUDIO will show how a local council and its agent
misled or deceived and thereby ripped off a young woman
and how they unethically and blatantly now deny and
lie about the undeniable despite being presented with
evidence that cannot be denied. Despite a smorgasbord
of legislation and regulations requiring local government
ethics and real estate industry ethics, THEIR UNETHICAL
DEFENCE OF DENIAL & LYING is to force the young
woman into expensive litigation so that she has to risk
everything, including the house at Cooroy she got tricked
into buying from the Noosa
Council (a statutory authority
while engaged in trade & commerce), in order to
receive what was represented to her by this delinquent
local government vendor and its agent. We will see (as
the evidence for the young woman's unwanted Trade Practices
Federal Magistrates Court action is assembled), how
this bunch have turned into unconscionable deviants
by refusing to address or properly address the facts
put before them via considerable correspondence (example,
which was copied to all concerned PDF),
letter
of demand to Noosa Property Shop,
Letter
of Demand to Noosa Council
and now this website. Instead, LAGUNA
TEWANTIN a division of LAGUNA REAL ESTATE
chooses to ignore the facts and sue the publisher of
this website for defamation (Letter
of Demand), by what seems
to be along the lines of a vexatious SLAPP
suit. A
BLOGSPOT FOR COMMENT / RIGHT OF REPLY
This
website is published as a consumer awareness project
for the purpose of improving the trade practices / fair
trading ethics of those that require it.
LEGAL NOTICE RELATING TO
THIS
DOCUMENT Noosa Council documents are published
on this website as :
•
fair dealing for purpose of
research or study;
•
fair dealing for purpose of
criticism or review;
•
fair dealing for purpose of
reporting news;
pursuant to the provisions of
sections 40,
41
and 42
of the Commonwealth Copyright Act; AND
Noosa
Council claims breach of copyright by this website
by way of this website publishing Council letters
and documents relating to issues exposed by this
website.
HERE
(from Neil Jenman) is what happened
to good old Hank
Petrusma Real Estate Agent, Ex Minister
of Religion and Legislative Member of the
Upper House of Parliament in Hobart Tasmania,
when a property size was misdescribed by
his firm.
We
shall see written evidence by Noosa
Council and provided
by Noosa
Property Shop that
represented that there was wall insulation
to the re-lined walls when there was none
and how Noosa
Council failed to
provide wall insulation as required by the
BCA and its own Building Conditions and then
KNOWINGLY LIED in writing as to BCA compliance
after a Noosa
Council manager
and supervisor inspected the walls.
Exhibit
5
coming
We shall see evidence
of the Noosa
Council provision
of a MISLEADING & DECEPTIVE statutory
Form 21 Final Building Inspection Certificate
during the 30 day conveyancing period, which
in fact did deceive the purchaser, her family,
her agent and lessee.
We
shall see written evidence of false representations
by Noosa
Council and provided
by Noosa
Property Shop that
a concrete slab under the house was 200mm
thick and constructed to engineers specifications
(which in fact don't exist).
Exhibit
8
coming
We
shall see evidence of how the telephone was
represented to be connected to the property
when there was in fact no Telstra infrastructure
in place which took a month to rectify after
the new owner and lessee moved in who were
told by Noosa
Council to effectively
get lost when a complaint was made. LETTER
OF MITIGATION TO TELSTRA
Exhibit
9
Evidence
of the water delivery pump
(with Noosa
Council plumbing
certification) for the house which was supposedly
new, running like a old tractor and the new
owner and lessee being told by Noosa
Council to effectively
get lost when a complaint was made.
Exhibit
10
coming
We shall
see evidence of how the despotic Noosa
Council and their
idiot lawyer aggravates and continues to aggravate
the situation thus providing grounds for a
claim of aggravated damages.
Exhibit
11
coming
We shall
see written evidence of how the Noosa
Council, its
Mayor,
Chief Executive Officer and Director of Business,
seek to protect the Noosa
Council and their
own butts by arranging a confidentiality agreement.
Exhibit
12
coming
We shall
see evidence of how the Noosa
Council has withheld
Council Records contrary to Freedom of Information
legislation and Building Records Search for
conveyancing purposes, and how it continues
to arrogantly disrupt the provision of these
Council Records.
Exhibit
13
coming
We shall
see how the Noosa
Council refused
to apportion the rates charged to the new
owner of the property and sought to charge
her rates for a period that the Noosa
Council owned the
property. The new owner's conveyancing lawyer
had to be re-engaged to sort out Noosa
Council'sbelligerent conduct.
Exhibit
14
coming
And there's
a whole lot more to come..... but we are hoping
that we don't see evidence of a visit from
the KKK.
Yet another
false representation has recently come to
light. Prior to the purchase contract, the
Noosa Council represented in writing that
usage, activities and building of outbuildings
that are incidental to and necessarily associated
with the existing dwelling would not require
any further planning approval. On application
for a building permit to build a simple 6
x 7 metre shed for a garage and storage, the
Noosa Council dishonoured that representation
by stating in writing that a Code Assessment
would be required pursuant to the Integrated
Planning Act and a planning application fee
of $575 plus site plans & elevations are
required. Consequently (with no guarantee
of the application being approved), the contract
to build the shed was terminated and the false
representations have been added to the substantial
tally of misleading or deceptive conduct that
appears in the Federal Magistrates Court statement
of claim. This particular piece of deception
is seen to substantially devalue the value
of the property from what had been represented,
and consequently a $70,000 compensation order
has been requested from the Court in compensation
for this particular little trick the Noosa
Council seeks to play.
Last
update 15 April 2007
COME
BACK SOON FOR MUCH MUCH MORE, WITH EVIDENCE GALORE...
LEGAL AUTHORITIES
THAT MAY BE RELIED UPON AT TRIAL :
"Judgment
is given with findings that the area representation,
the access representation, the waterfront
representation and the jetty representation,
among other representations, were false
and misleading. The judge is satisfied that
the buyer relied on each of the representations,
except the jetty representation and was
“induced thereby to enter into the
contract”. Your agent is found to be
liable to your buyer for damages of $100,000.00."Were
Hoges & Linda Dudded By A Dodgy Agent?
•
AUSTLII COURT REPORT - Bonett
v The Barron and Dowling Property Group
Pty Limited Pty Limited Anor [2006] NSWSC
975 (27 September 2006)
This
website is authored and published by Gordon Craven
contact |A.B.N.
64 517 410 881
This website has NO affiliation
whatsoever with Noosa
Property Shop / Laguna Tewantin or Laguna
Real Estate or any other
person or business listed.
This website is published
as a consumer awareness project for the purpose
of improving the trade practices / fair trading
ethics of those that require it.
Noosa
Council Mayor & Councillors were notified
of this website by email of 13 Jan 07
Between 1 Jan 07 & 10 Feb 07 Noosa
Council has accessed 163 pages and 1265
files from this website
DISCOVER LAGUNA TEWANTIN (Noosa Property
Shop P/L) withLaguna
Tewantin, Shop 5 / 10 Memorial Avenue, Tewantin Queensland
4565 Australia
Set on the banks of the pristine Noosa River and Lake
Doonella, a local wildlife haven.
Noosa is one of Australia's premier holiday destinations,
with layback lifestyle in a carefree, blissful environment.
DISCOVER NOOSA
ABOUT TEWANTIN
Tewantin, originally a timber town
is situated on the banks of the Noosa River at the northern
end of the Sunshine Coast. It is the gateway to both
the North
Shore region and the Noosa Hinterland. Set in a
relaxed, country atmosphere with a full range of services
more...
