Mr Abdul Al-Naser Case Study - Report Writing Assignment Help

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RECORD OF INTERVIEW – ABDUL AL-NASER

1. My name is Abdul Al-Naser and I live at 11 Rainbow Gum Way, Lawson ACT 2617. I am the owner of this residential property.
2. Adjoining my property to the south is number 13 Rainbow Gum Way where my neighbours Ms Marissa Pavlovich and Mr Jure Rizo live. 
3. I purchased the land at 11 Rainbow Gum Way in a public ballot in July 2016 at the same time as Marissa and Jure purchased their block. The land was released as part of a new residential housing development. 
4. I acted as an owner-builder to build my house on my block. I qualified as a licensed owner builder after passing the exam for the course with a score of 97 out of 100. I engaged a licensed builder – Max Noble, of Noble Constructions Pty Ltd, to be the principal contractor to assist me. I used the services of a certifier Ms Irene Massey to obtain planning approvals for my house and associated development of my block. The house build was completed in May 2018 and I moved into my house in June 2018. 
5. Ms Pavlovich and Mr Rizo also finished their house in May 2018 and they moved in shortly after. In late May 2018, they approached me to see whether I would agree to them arranging for a timber boundary fence to be constructed between our two blocks. I was shown a quote for $2,800 which seemed reasonable and I agreed to pay half that cost provided the fence was built exactly on the surveyed boundary and with the palings facing my block.
6. The fence was built in June 2018, but I saw that there were two problems. First, it had not been built on the surveyed boundary – it was out of alignment at one end into my block and at the other into their block, This misalignment was a big problem for me as I wanted to build a retaining wall on my side of the boundary and it needed to be straight. Second, the palings faced into number 13 and the metal uprights were on my side. 
7. I mostly dealt with Ms Pavlovich about the fence and when she asked for half the cost of the fence I said I would not contribute because the fence was not as agreed – it was not properly on the boundary and it faced the wrong way. She said it was ‘as straight as the fencer could make it’ and I should not worry because ‘it cuts both ways.’ I thought they were trying to take more land from me and I was very upset that the palings were on the wrong side. I refused to pay for half the cost of the fence. Ms Pavlovich said she would take me to court for half the cost of the fence.
8. Things got pretty frosty between myself and Ms Pavlovich and Mr Rizo after that and we stopped talking as neighbours and only communicated by email. 
9. In December 2018 I was completing earthworks on my block to finish off the retaining wall on my side of the fence. I engaged a sub-contractor Bob Carter of Bob’s Excavations to do the excavation work. I had been told by the certifier, Ms Irene Massey that I did not need planning approval for this excavation. 
10. To construct my retaining wall, I needed the excavator to cut down to a depth of 3.95 metres within 50 cms of the common boundary. As the excavator did this work towards the middle of the common boundary the land on number 13 became unstable and started to slide and collapse onto my block. In the end, there was a decent-sized hole going some way into number 13.
11. The slippage was worst for about 2 metres in the middle and it extended out in both directions along the boundary for about 8 metres either side. Consequently, the uprights for the fence that had been put up in June 2018 moved and the fence came down in sections.  
12. In the following week, I arranged for broken bits of the fence to be stacked on my property and I had a temporary chicken wire fence put up. That temporary fence is still in place.

RECORD OF INTERVIEW – Bob Carter of Bob’s Excavations

1. My name is Bob Carter and I live at 29/31 Caley Crescent in Narrabundah in the ACT. I run a business called Bob’s Excavations offering contracted excavation services.
2. On 3 December 2018, I was contacted by Mr Al-Naser to undertake excavations at 11 Rainbow Gum Way, Lawson ACT 2617. 
3. Part of that work required me to dig down to a depth of 3.95 metres toward the middle of the common boundary with number 13.
4. I was told by Mr Al-Naser that the certifier Ms Irene Massey had confirmed that this could be done without development consent.
5. While performing this work the ground became unstable and there was slippage of rock and soil from number 13 onto number 11 and this extended for some distance from where I was working at the time. 
6. While I was working close to the common boundary, at no time did I excavate into the land at number 13? 

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