The Couran Cove Legal Dispute

Video clips are from different times hence debt discrepancies. Parliamentary clips are from passing of a bill to fix some large holes in the body corporate MUD & BUGTA acts, spearheaded by Shannon Fentiman (thank you so much). A year later many of the problems persist.

The video above explains the issues very well from residents and member of parliaments views, more so than the text below.

All below information are alleged claims and approximate details, and may not be up to date. Details should be fact checked. Any references to persons below can also be considered to be refering to companys and other structures associated with them.

The service provider operated by Simon Napoli claims it is owed $25,000,000 by the Community Body Corporate (CCB). This number is disputed by the residents.

At the same time Simon Napoli is alleged to be the second highest debtor to the body corporates.

The operator, Simon Napoli, has shut down all services until the CBC pays him the money owed to the operator by the CBC. The CBC is unable to pay Simon until the subsidiary body corporates pay the CBC. Th subsidary body corporates are unable to pay the CBC until Lachlan McIntosh and Simon Napoli pay them the fees owed.

This leads the private residents stuck without utilities unless they pay Simon and Lachlan's debts or beat them in litigation.

Simon allegedly acquired the resort from Lachlan and have various business relationships.

It is alleged that Simon and Lachlan had taken control of the CBC and body corporates, leading to:

• Placing themselves or their associates in positions of power
• Invoices, some claimed to be illegitimate, sent by the operator, Simon, were immediately rubberstamped without scrutiny or review
• Residents being restricted from participation in voting
• Laclan as treasurer signing SERVICES SUPPLY AND CARETAKING AGREEMENT for services to Simon Napoli, including a new clause not existing in the previous agreement in relation to interest. The CBC shall pay IRFE interest at the 2.5% per month or part thereof on any overdue monies (including but not limited to remuneration) which shall be due and payable, calculated from the date that is one (1) day after the due date of payment until the actual date of payment. (Does this mean the entire CBC and all residents are now responsible for paying interest of 2.5% per month [34.4% compounded, per year] on Simon and Lachlans debts? ... to Simon ... is that 34.4% of Simon and Lachlans debt, which Simon claims to be 25,000,000 ... is that 8.6 million dollars? ) Unconscionable conduct?
• Giving themselves special discounts not available to other residents
• ...

The utility infrastructure is owned by the CBC, not the service provider. The residents have been refused to be able to run their own infrastructure on their own at their own cost.