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INTIMIDATION AND REVENGE
SUMMARY OF ACTIONS

Intimidation and revenge by scheme operators - summary of their actions

The scheme operators of the Laurel Springs Retirement Village, Lusping Pty Ltd, have engaged in attempts to intimidate me, and seek revenge, for my investigations into their mismanagement of village finances and the development of new units:

1. Intimidation

1.1. Intimidation - defamation threat - March 2019

On 8 March 2019, the lawyer for the scheme operators threatened me with a letter, alleging that I had defamed them on the previous version of my web site. Furthermore, the lawyer made the false claim that: "it is an offence to publish defamatory material, pursuant to the Defamation Act 2005 (Qld)." Refer to DEFAMATION CLAIMS.

1.2 Intimidation - false allegations in letter from village manager - 15 May 2019

In her letter of 15 May 2019, the manager falsely alleged that residents had complained that I had taken photographs of their units without consent, and that I had entered the building site of the new units. Refer to EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators -> 1.2.

1.3. Intimidation - Harassment by scheme operators while walking in village - 21 May 2019

On the morning of 21 May 2019, while i was walking along the main Laurel Springs driveway to visit a friend, I saw both of the scheme operators. Both called out to me in a very provocative manner. One of them, Lance Taylor, falsely accused me of intending to enter the construction site. They had no reason to believe that i intended to go onto the site of the new units, and I have reasonable grounds to believe that this was an attempt to intimidate me because of my complaint of the previous day to Council. Refer to EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators -> 1.3.

1.4 Intimidation - assault by contractor while photographing Riparian Protection Area - 2 July 2019

On 2 July 2019, while I was photographing the removal of building rubble unlawfully dumped by the scheme operators, on the Riparian Protection Area adjoining the site of the new units, I was stalked and assaulted by Gregory Morton of GM Paving. He told me that he was there on the instructions of "Management". Refer to EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators -> 1.4.

1.5 Intimidation - false accusation of harassment and intimidation of village manager - October 2019

In her email response of 7 November 2019, to my questions about the grossly increased 2019-2020 village budget, the village manager cited s136 of the Retirement Villages Act, falsely implying that my request for information was harassment and intimidation of her. Refer to FINANCIAL INVESTIGATION -> DETAILS OF FINDINGS -> 5. Unlawfully increased General Services budget 2019-2020.

1.6 Intimidation - stalking - while walking home - 27 October 2020

On 27 October 2020, while returning home from my walk, I observed Brian Anthony McGuiness following me in his dark grey Audi motor vehicle as I walked towards my home in the loop street where I live in Laurel Springs. The vehicle then stopped briefly in front of the “No Entry” sign near my unit then turned around. The driver slowly passed me and stared out of his side window at the me; I recognised the driver as the Brian Anthony McGuiness. The vehicle then drove out of the loop street without stopping anywhere else in the loop street. Refer to EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators - > 1.6.

1.7. Intimidation - stalking - while visiting friends - October and November 2020

On three separate occasions in October and November 2020, several residents observed Brian Anthony McGuiness stalking me in his white BMW motor vehicle, and in the electric buggy, while I was visiting them at the top end of the village at units 33, 34 and 39B.

1.8. Intimidation - harassment during 2020 AGM - 23 November 2020

During the 2020 Laurel Springs AGM, Brian Anthony McGuiness stood about 2m from me, in the centre of the room instead of at the front, and read loudly from s136 of the Retirement Villages Act in an attempt to intimidate me and the residents I represent. A digital audio recording of the relevant part of the AGM is available on the EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators - > 1.8.

1.9. Intimidation - harassment after 2020 AGM - 23 November 2020

On 23 November 2020, Brian Anthony McGuiness deliberately followed me out of the AGM; he was observed doing so by other residents. He knew that he and I are opposing parties in a matter before QCAT (Golding v Lusping Pty Ltd No 2 [2020] QCATA), and in a related legal dispute in which i am the representative of other residents (QCAT OCL110-20). Brian Anthony McGuiness, who is represented by a lawyer whereas the residents are not, knew that he should only communicate with the me through his lawyer. Furthermore, I had earlier that morning made it very clear that I did not wish to speak to him. A digital audio recording of the entire incident is available on the EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators -> 1.9.

1.10. Intimidation - False Complaint - 18 January 2021

On 18 January 2021, the lawyer for the scheme operators sent to me a letter containing a false allegation that a complaint had been made against me by a resident. Refer to EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators - > 1.10.

1.11. Intimidation - defamation threats - 8 February 2021

On 8 February 2021, the the lawyer for the scheme operators threatened me with two Concerns Notices, alleging that I had defamed Brian McGuiness and Lance Taylor on this web site. Refer to DEFAMATION CLAIMS.

1.12. Intimidation - False Complaint - 23 February 2021

On 23 February 2021, the lawyer for the scheme operators sent to me a letter alleging that four residents had made a complaint about me placing "unsolicited material" in their letter boxes. The "unsolicited material" was a small card informing residents about this web site. Refer to EVIDENCE DOCUMENTS -> Evidence Documents for Actions of scheme operators - > 1.12.

2. Revenge

2.1. Revenge - the rear deck - November 2020

On or about 6 November 2020, I observed Brian Anthony McGuiness walking around my unit, including into the rear private area, taking photographs. On 10 November 2020, I received a letter from the Sunshine Coast Council. The letter informed me that a complaint had been made about the rear deck that I had built to replace the dangerously decayed one that was there when I bought the unit. I had been urgently taking action to rectify the compliance issue raised by Council; the deck does not pose any danger to anyone and does not detract from the visual amenity of the village. All relevant documents are available on the THE REAR DECK.

2.2. Revenge - Defamation Claim - 18 December 2020

On 18 December 2020, Brian Anthony McGuiness filed a claim against me in the Maroochydore Magistrates Court, seeking $50,000 in damages for alleged defamation in relation to the incident of 23 November 2020 referred to above. All relevant documents are available on the DEFAMATION CLAIMS.

2.3. Revenge - Termination Notice - 24 December 2020

On 24 December 2020, six days after Brian Anthony McGuiness filed his defamation claim, I received a Termination Notice from the lawyer representing the scheme operators; the grounds of termination related to the rear deck referred to above. All relevant documents are available on the TERMINATION NOTICE.

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