wbwc decline offer 11 october 2013 wide bay water, peter care wide bay water decline allans...

7/27/2019 WBWC decline offer 11 October 2013 Wide Bay Water, Peter Care Wide Bay Water decline Allans acceptance of their offer thereby adding to costs. Allens Ar

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From: Lestar Manning [mailto:[email protected]]

Sent: Friday, 25 October 2013 3:54 PMTo: damian carstens; [email protected]; 'Grant Allan'

Cc: Paula ChristiansenSubject: FW: Allan Claim - AQL627-11

Dear all

Eve Lynch gave me the courtesy of a telephone call before sending me the email below.

She indicated that they would despite the first sentence of our letter be treating it as a rejection of

councils offer and treating it as a counter offer.

I asked her which of the proposals in relation to the draft deed of settlement that they had sent to

us made her consider that it was a rejection of the offer bearing in mind that we were agreeing to

each of the bullet points set out in her letter. She indicated she had not had sufficient time to go

through the merit of those matters with her client. I asked on that basis how she was in a position to

say that the offer had been rejected. She said she did not wish to quibble about it at this time.

She did say that on a quick reading of our correspondence none of the matters that were raised

offended her.

She did indicate that if we ceased preparation for the hearing of the appeal that it would be at our

own peril.

She has advised me that her clients will be attending at her office on Monday or Tuesday of next

week to discuss the matters raised.

She asked me whether I had instructions in relation to my clients intentions with respect to theorder as to costs. I indicated that was covered by the agreement. She indicated it was not the intent

to do so. I said I did not have instructions.

She has indicated that she thought it appropriate that the solicitors meet to discuss the terms of the

deed.

Lestar Manning

Director

e: [email protected]

po box 2015 sunshine plaza qld 4558 siute 2, 37 dalton drive maroochydore qld 4558

local call 1300 303 866 f07 5479 5070

wwww.paelaw.com p&eLawPty Ltd ABN 97 836 362 898

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DISCLAIMER: This email and any attachments are a confidential communication intended exclusively for the recipient. If you are not the

intended recipient you must not disclose or use any of the contents of this email. Should you receive this email in error, contact us

immediately by return email and delete this email and any attachments. It is the recipients responsibility to scan all attachments for

viruses prior to use.

From: Lynch, Eve [mailto:[email protected]]

Sent: 25/10/2013 3:43 PM

To: Lestar Manning
mailto:[email protected]://www.paelaw.com/http://www.paelaw.com/http://www.paelaw.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]://www.paelaw.com/mailto:[email protected]


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Cc: McCredie, Bill; Thorpe, David

Subject: Allan Claim - AQL627-11

Dear Lestar,

Thank you for your letter. We have passed it on to our client and expect to be in a position to respond

mid-next week.

Notwithstanding the first sentence of your letter, based on the amendments sought to the draftSettlement Deed we confirm that your clients have rejected Council's offer dated 11 October 2013.We therefore propose to treat your correspondence as a counter-offer.

On that basis, we do not think it would be appropriate for either party to cease preparation for thehearing, or to seek the hearing dates to be set aside. Our client will continue to prepare for thehearing until such time as the parties have entered into a Settlement Deed on agreed terms.

Subject to our client's instructions, we agree that it would be useful for the parties' lawyers to meet todiscuss your letter.

Kind regards,

Eve LynchSenior AssociateAllens

DL +61 7 3334 3274M 0420 295 786Riverside Centre123 Eagle StreetBrisbane QLD 4000 Australiawww.allens.com.au

*************************************************************************Allens is an independent partnership operating in alliance with Linklaters LLP.

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Act 1988 (Cth).

Website:http://www.allens.com.au | Office locations:http://www.allens.com.au/offices| Partnercontacts:http://www.allens.com.au/experts*************************************************************************

*************************************************************************Allens is an independent partnership operating in alliance with Linklaters LLP.

This email is confidential and may be subject to legal or other professional privilege. It is also subjectto copyright. If you have received it in error, confidentiality and privilege are not waived and you mustnot disclose or use the information in it. Please notify the sender by return email and delete it fromyour system. Any personal information in this email must be handled in accordance with the Privacy

Act 1988 (Cth).
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wbwc decline offer 11 october 2013 wide bay water, peter care wide bay water decline allans...

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