The threats and lies of Evan and Natalie Penn as documented in communications

Mon, 17 May 2021, 10:46

Tue, 18 May 2021, 21:20

Hi Evan & Nat,

Thu, 20 May 2021, 08:16

Hi Angus, thanks for your email, 4pm Friday is good. Please note from my budget  email, I included the widening of the back dam aswell and the recirculation of the water in the ribbon dam. (you haven’t mentioned that in your email). I think this is going to be critical. I’m at the property now and note that the water at the source has dried up a lot since you were here. (it has not rained much since then). The overall level of the ribbon dam has fallen a lot since you were here. 

Fri, 21 May 2021, 14:40

3D base models for design phase

10 Jun 2021, 10:54

Hi Angus, hope you are well. Just wanted to touch base – we are still super keen to proceed with the dam works on our property but have a couple of other urgent issues we are dealing with. We will come back to you ASAP when we can proceed… many thanks, Evan and Nat.

 

Thu, 19 Aug 2021, 07:58

Natalie & Evan, Further to our conversations, attached are costings based on different scenarios. Give me a call if you want to talk it through. Cheers A

 

Thu, 26 Aug 2021, 18:54

Hi Angus, Evan can come North within the next week to 10 days and would love to come past Cresent Head to look at your dams and discuss final details and timeframe.

Do you have a preferred date that he can visit.

Thanks

Best,

Natalie

 

Thu, 26 Aug 2021, 21:57

Hi Natalie, No problem

Next week, I have to go to Hunter Valley, Picton and Canberra to do about 10 site inspections – that will probably happen Thurs, Fri, Sat – and then from Monday the following week, I’ll be in Bellingen

So I’ll be around Mon, Tues, Wed, Sun next week. Very happy for Evan to visit and see the grand experiment in person

Cheers A

 

Sat, 28 Aug 2021, 11:18

Hi Angus, I can come up to your property on Sunday 5/9. And then when you are in Bellingen on Monday 6/9, is it possible you could come to our property.   At that point we will 100% confirm the work and pay the deposit. Sorry about the protracted process but we are really trying to get this right!

Let me know as I need to apply for a NSW government travel clearance to attend my own property!

Thx Evan

 

Sat, 11 Sept 2021, 15:34

Evan,

Further to our discussions, I have attached the quote for the ‘Evan Dam enhanced option’ and deposit invoice.

I have included a 2 day allowance for moving all the large trees from the dam site perimeter. Let me know if you would like to handle that part of the job yourself.

As discussed, I’m going out to the site on Monday to discuss with my lead operator.

We have developed a project plan that involves a D7 dozer for bulk moving of wall material and 13-20t excavator for building the wall.

Subject to the receipt of the deposit by 15 Sept 2021, we could offer a start date of 27th Sept 2021

I anticipate a project duration of 21 days, with the first 7 days dedicated to clearing, platform prep, bulk movement of wall material, surrounding perimeter shaping – and the next 14 days dedicated to the building of the wall to a final height 2m in excess of current height.

If you would like to proceed, we will need to drain the dam to be able to stitch the new wall into the existing dam base to ensure there is no possibility of seam leakage

We can either do that during the first 7 days, or Rick could start the process of lowering the water level.

Let me know what you’d like to do regarding this.

Cheers A

 

Sun, 12 Sept 2021, 19:42

Hi Angus, that all looks good, we would like to proceed with you doing all of the work as described. Can you speak with Rick when you are at the property tomorrow to discuss how he can assist in draining the dam.. I will give him a heads up. His number is 0450044351 I would like him t  be across all of the detail… Please call me from the property if you have any questions whatsoever. We can FaceTime even if there are questions that need viewing.. Many thanks, Evan

 

Thu, 23 Sept 2021, 08:30

Thanks Angus, I would like to be there on day 1. In particular as I would like to show which trees/shrubs  around the dam I would like taken out. If possible I would like to go at it quite hard – up the sides of the little creek on the south (towards the house) on both sides of the bank.

Is Monday when that starts? If so, I’ll make sure I’m there then

 

Thu, 30 Sept 2021, 18:17

Hi Angus, thanks for your email and candid approach.

I’m happy with the $6k option. So long as you feel confident the water will stay in the ribbon dam through most of the year. In summer there will be plenty but winter less so.

Just an idea, if I’m winter the water gets low, we could pump some over the Evan dam wall to top it up? Is that possible?

Can you please do a quick sketch of how option 2 will look – nothing fancy – just where it starts and ends and basic shape of the dam… (showing where the intended wall will be). Thanks Evan

 

Thu, 30 Sept 2021, 19:59

Evan, when are you at Brierfield?. I had a good look today and need to point out a couple of things. I’ll be working Sat and Sun so I’ll be around. Otherwise I can email the points with photos

 

Thu, 30 Sept 2021, 21:33

Evan, I would hope to be finished by next weekend

Rather than do sketches, I’ll peg out the levels and take photos so you can see where the water edge will be at all points. Will do that Monday once we’ve broken the back of the dam over the weekend.

I noticed today that where the pipes are isn’t the low point of the road. There’s a stretch of about 10m of road about 20 metres from the pipes towards the gate that will have to be built up to ensure that the low point is where the pipes are, otherwise that piece of road is going to determine where the levels can be.  By filling in that piece of road, we’ll get another 400mm of water depth

I’ll do that with the dozer. No charge. But I will have to scrape the existing road to get material

Answers below

So long as you feel confident the water will stay in the ribbon dam through most of the year. In summer there will be plenty but winter less so.

No, I’m not confident that there would always be water in there because unless we dug the ribbon dam out, the average water depth will only be about 1.2m, so it will be like putting a saucer of water out on the deck during summer. You come back the next day and the saucer is dry. But if you put a chemistry becker full of water out (100mm x 1m depth), it will have water in it for weeks.

If we dug the ribbon out, we would get another 3m of depth, and I’d be more confident there would always be water in there (more storage, more density, colder water, less salinity, lower inversion layer, less volume affected by heat)

All water has three layers 1. surface layer 2. thermocline 3. DWL (deep water layer).

The surface layer is the top layer of the water. This layer is well stirred from the wind and other forces and most of it evaporates. This top layer tends to be the warmest layer due to heating from the sun.

Below the surface layer is the thermocline, the layer between warm surface water and DWL. In this layer, temperature declines rapidly with depth, and the colder the water, the less water evaporates.

Below the thermocline is the DWL. Water here is cold and dense and does not evaporate. Water with higher density sinks to the bottom while water with lower density sits on the top. Temperature and salinity both affect density.

HOWEVER, as you note below, on the pro side of the equation, you could just gravity feed a 19mm hose from the Evan dam and ensure it’s always topped up. On the con side of the equation, you’d be using water from the main dam to counter excessive evaporation in the ribbon dam, but it is what it is.

You’d have to weigh up the cost of digging out the ribbon dam with the amount of water you’d waste on the aesthetics of keeping the ribbon dam constantly full. If I had to guess how much water, I’d say the ribbon dam dimensions would be about 100m x 20m x 1.2m – so volume approx is 2.4 mgl.

A dam with 1.2m of depth will turn itself over 3 times a year due to evap – so the total water you’d have to pump into it would be approx 7.2 mgl. HOWEVER, a certain percentage of that 7.2mgl would be provided every time the Evan dam overflows via the spillway – impossible to calculate what percentage because that would depend on the amount of rain, and the duration between rain events.

For instance, the perfect situation would be that once the Evan dam fills, you get a rain event every 7 days that causes flow egress to happen every week, therefore topping up the ribbon dam weekly.

The worst case scenario is that we get one major rain event for the year, and a major discharge happens, most of which will exit the ribbon dam once the 2.4mgl volume is reached. So you might get a discharge of 10mgl, but 7.8mgl goes through the ribbon dam and straight into the Bellinger River.

What would I do? I’d dig it out.

But try it as planned for 12 months and see how it works. You can always dig it out the following year once you have lived with it and watched it ebb and flow.

But if you wanted it to be perfect, or as perfect as possible, from the get go, so that every time you drive in, you see beautiful water and your mental state becomes positive and joyous, you’d dig out the ribbon.

I’d dig it out because I hate things being imperfect, and if it was dry I’d be annoyed, because dried out dams look sad. But I’m obsessive and weird, so do what is right for you  

Just an idea, if I’m winter the water gets low, we could pump some over the Evan dam wall to top it up? Is that possible?

Easy. All you need is 50m of garden hose 

Can you please do a quick sketch of how option 2 will look – nothing fancy – just where it starts and ends and basic shape of the dam… (showing where the intended wall will be).

Will take photos with markers showing wall and waters edge

 

30 Sept 2021, 07:49

Ok pls send photo as suggested and then agree on the plan. Many thanks, Evan

 

Sat, 25 Sept 2021, 12:03

Hi Evan,

And invoice for final payment which is due on 7/10/21 – two days before completion.

Should you have any questions, please don’t hesitate to contact me

 

Mon, 18 Oct 2021, 19:18

Thanks Angus, great footage but hard to really understand the scale and shape of where the water will lie unless I am there. I booked a flight for Friday morning (arrive at Coffs 9.35am so will be there just after 10am)  – will be there from Friday to Sunday.   Evan

 

Mon, 18 Oct 2021, 22:08

No problem. Evan dam final trim should be finished by Wednesday. All dozer work is finished. Mick spent today clearing the slop from the driveway dam. Tomorrow I should be able to push the slop into a wall. Mick will start on final trim for Evan dam tomorrow

 

Tue, 19 Oct 2021, 16:10

Dam Terracing & Progress Report

 

1. Had rain overnight at Brierfield, and the Evan dam was too soft for Mick to get in to do final trim
2. He continued on right hand side driveway dam, which is getting close to being finished – total hours are Sat 4 hrs, Sun 5 hrs, Mon 9 hrs, Tues 9hrs = total of 27 hrs. Original budget was for 12 hrs, but all the slop slowed progress to a crawl. Left hand side should be a lot quicker if you wanted to proceed, because all the water has drained to the right side, and that was what slowed progress down – moving slop, and every time we moved a bucket worth of slop, water from left side came rushing in. However, left hand side should be a dry dig because of that, and the dozer has flat surfaces so we won’t have to end over end with excavator to move bulk. If you don’t have the budget to proceed with left side, we will just final trim right side and make it look pretty. Total for right side came in at $6750
3. Tomorrow Mick will try to final trim Evan dam, and I will move bulk at the right hand side driveway dam, then on Thursday we’ll final trim right driveway dam
4. By the time you arrive on Friday, the plan would be to have Evan dam and right driveway dam finished.
5. We need to borrow your buggy for final trim to drag around the smoothing mesh. It’s very light work and won’t put any strain on vehicle. We need its four wheel drive capability because of the angle of the hills, the angle of the dam wall and the softness of the clay. Probably need it for about 6 hours on Thursday. Is that ok?

 

Tue, 19 Oct 2021, 16:17

Thanks Angus, Sounds good, happy to do the left side of road if not too much money. No problem re use of buggy. I will tell Rick as well.

 

Tue, 19 Oct 2021, 19:10

No problem. We’ll do a day on the left side, and then I’ll be able to make a more educated guess. Can’t possibly be as much of a head fuck as the right side.

We hit rock at 3.5m depth on right side. The upside is that the base rock will keep the water cold, and minimise evap. I’m hoping we’ll get more depth on left side because the ground has about a 1m of rise from driveway to house pad

I’ll do the tweaking and final trim on right side personally at no charge – will probably take a day and a bit – so we’ll rule that job off at $6,000 + GST

 

Tue, 19 Oct 2021, 21:19

Hi Evan,

And invoice for final payment which is due on 7/10/21 – two days before completion.

Should you have any questions, please don’t hesitate to contact me

 

Sat, 23 Oct 2021, 18:18

Dear Evan,

Please find attached invoice for right driveway dam.

Due to storm on Wednesday, we had to put in an extra 12 hours on Thursday (2 x operators) to lay out all the material so it could dry and so we could finish the job on Monday.

I said that I would charge the job out at $6,000 + GST, but I said that before the storm, and the clean-up that we had to do on Thursday. However, I believe sticking to one’s word is important, so I haven’t charged for any time after I said that I would rule the job off at $6,000 + GST. In reality, I shouldn’t have given a final price until the job had been finished, but I did, and I will honour that price.

You will see those hours have been discounted to zero in the attached invoice.

Should you have any questions, please don’t hesitate to contact me

 

Sat, 23 Oct 2021, 18:53

Thanks Angus, I will fix this up. (Appreciate all you have done). Please advise what’s still on the agenda and when you want me up there. I was thinking Wednesday arvo?

 

Tue, 26 Oct 2021, 09:32

Council enquiry re  Earthworks at Lot 11 DP 1014348 No. 330 Martells Road – possible associated water pollution matter

Hi Angus, please see below. Are you able to be there at 11am? I think I have to give them your number… Just be as diplomatic as possible – we dont want to piss them off.. We just need to have good explanations for all we are doing.

They are asking “Has any form of siltation/erosion control been implemented on the site to manage potential impacts by yourself or the contractor??”. Have you got a suitable answer for this?

They may also try and say something about the size of the dam?? Versus the previous dam size? I am not sure what the regulations are about changing the size of a dam? I suspect its ok if we are still under the water quota for the land size which we will be…

The water course near the road was silted up and as you say we can even get Fed Gv grants to desist – so there should be no issue there..

Lets chat later today…

 

30 Sept 2021, 21:52

Hi Anthony (Bellingen Council)

My wife and I are extremely environmentally conscious and the last thing we would ever want to do is damage the environment in any way whatsoever. In fact my wife has been working for environmental organisations like Planet Ark, Keep Australia Beautiful, Wires and others for over 30 years. We have been working with a local ecologist to work out how to regenerate our land with native species and with various water and land management organisations to create a healthy, pristine piece of land for generations to come! I can give you more info on our plans if  you like.

As to the technical question of siltation/erosion management I think the contractor is the best person to ask. He is very experienced in this space and knows that we are very environmentally conscious people, so I am assuming this has been well thought through.

You can speak with him directly – please call him upon arrival at the property tomorrow at 11am. He will be onsite, his name is Kaleb 0475 301 262.

Are you able to also email me photos of the water discolouration you mentioned in your email. Did you manage to take water samples of the discoloured water?

Best regards, Evan

 

Mon, 1 Nov 2021, 20:28

Hi Angus, thanks for all of your and your teams hard work up there.

We are really happy with the Evan Dam. It’s going to be amazing when it fills up!!

We were surprised to be charged for the road work and creating a pad for Ricks house

 

Mon, 1 Nov 2021, 22:54

Hi Evan,

Attached is standby invoice for machines being on-site today while waiting for final payment to be made.

Our conditions are that if the outstanding monies are not paid, we wait three days – with the client being charged for machines being idle each day. If the payment isn’t made by the fourth day, the machines are exited, and the final amount and the standby invoices become immediately payable, and we then institute the terms of the contract, and immediately seek restitution for outstanding monies as outlined in the terms of trade.

As I wrote previously, we don’t complete a job until full payment of monies outstanding is paid. Unfortunately, too many people have tried to have their job finished, with no intention of making the final payment. Therefore, we now work strictly to the terms of trade outlined in all our quotes and invoices.

With regard to your points, I will address each below:

1. We were a bit upset /shocked by the destruction of all grass and plants on the hill above the Evan Dam. You probably should have explained that was going to happen earlier in the piece. Also I feel like it’s just been left in our court now for us to fix.

• you were there on day one when the hill was cleared of weed, trees & overgrowth
• we cleared that hill because we needed access to the non-house side. We could have left you with all the weeds and overgrowth cleared just where we needed access, which would have made the whole job look ugly. Therefore we cleared the whole hill of weeds and overgrowth at no charge to you ($1750). We put in water flow diversion swales at no charge to you ($550) the hill was left because we were waiting for a decision from you from day two regarding what was to be done. You made that decision on the last day – a full four weeks after the hill was cleared

2. I think the driveway looks worse now than before you guys worked on it. Probably should have not taken that one on.

• we don’t do driveways
• driveways require specialised equipment
• we are dam builders, not driveway makers
• the blade of the D7 is too wide for the space. You will see that Kaleb hit trees on both sides
• our contract, quote and invoice does not include any driveway work

3. We were surprised to be charged for the road work and creating a pad for Ricks house.

• you asked for the work to be done, why would you not be charged?. We’re not a charity
• our contract, quote and invoice does not include any house pad or road work
• you don’t get to sign a contract for one thing, and then add things to the list expecting them to be completed under that quote that mentions nothing about such items

You said to me several times that you would throw some small jobs in if I paid on time.

• I said that to you once, in an e-mail. Also, it is for me to decide what extra work will be undertaken, not you

I’ve paid ontime through out. I would expect that these 2 items are taken off the invoice.

• you didn’t make all payments on time. I had to send you three reminders for the last payment
• you haven’t paid this outstanding invoice on time.
• This e-mail is me chasing you for the payment.
• Therefore any offer I made to you is null and void. 90% adherence to a deal is not a deal
• I will take the pad and the road off the invoice, but those items won’t be completed

Evan, your memory seems to have failed you on items that benefited you

• the Evan Dam went 2 weeks over budget. I did not ask for any extra payment
• we asked you if you wanted to clear the silt in the bottom of the Evan Dam at extra cost, and you said no. I cleared that silt, which took me 1.5 days, and I didn’t charge you ($3,750)
• the right driveway dam was discounted by over $6,000 – and this seems to have escaped your summary of the work to date – and therefore your summary would seem very self-serving if read by an independent person

 

Tue, 2 Nov 2021, 08:13

I dont appreciate that email Angus. Ive paid the final amount inspite of that. We’ve had a good working relationship, I am keen to maintain that, but we need to debrief on some of this.

Evan

 

Tue, 2 Nov 2021, 12:10

Hi Evan,

Mick will be on-site tomorrow.

His brief for tomorrow, in order of priority, is

Move fill from left driveway dam

Final trim left driveway dam

Build right driveway dam wall

Final trim right driveway dam

Clean up driveway as much as possible given tight space and lack of ability to slew

Housepad

I will come in and do final touch-ups and sign-off on final trim on Saturday & Sunday

I will send photographic documentation of exit conditions on Sunday afternoon

If I have time on Saturday and Sunday:

1. I will re-cut flow diversion swales on hill to ensure there is no loss of top soil
2. I will push up a flow calming berm near the house pad to back up the water towards the Evan dam

If you could have Rick place the buggy at the driveway pipes on Sunday morning, I will use it for a couple of hours to do a smoothing trim on all construction surfaces except the Evan dam (soft spots). I have left tyres at Evan dam, and will be bringing smoothing grate and chains with me from the Hunter Valley.

Also, if I have time, I will do a smoothing trim on the hill at Evan dam between the flow diversion swales so that everything looks manicured. Although you will probably rip through the smoothing trim to plant grass seeds, to me it doesn’t matter because what is important is how I leave a job, not what happens to that finish after I leave.

The smoothing trim for the right hand driveway dam, the left hand driveway dam, the driveway, the housepad and the hill will be the final activity prior to exit

Excavator will exit Thursday

Dozer will exit Monday

Cheers

A

 

Thu, 4 Nov 2021, 10:28

Angus, re Your text this morning:

“Stop work order has been issued by the council. Which is a shame because we should have been finished and out of there by COB last Monday”

I have contacted Bellingen council and spoken to the authoritative person there in charge of this department. He has checked with all departments and there is absolutely no stop work order whatsoever. If you have some documentation regarding the stop order please provide it immediately, failing which please continue works immediately.

Evan

 

Thu, 4 Nov 2021, 11:42

 

Evan,

2. Stop giving me demands. I don’t need your direction or your instruction
3. BPE have contacts in council because they do the council earthworks, and this info came from those contacts. Who is this authoritative person you spoke to. This is out of our hands. It is up to BPE to assure themselves that they are not breaking any stop work order, that is in place, pending, in process or being considered. When they have assured themselves that their legal position is secure, they will start work. When they advise me that they are prepared to start work, I will advise you. So stop micro-managing our work, and focus on managing your payment of your bills.

If you think that someone has just made this up, then you are being naive. These guys work with the council every day, and someone has warned them and given them a heads-up. It has obviously been discussed in a meeting, or in communications – because BPE aren’t going to ring us up and make up stories. Unlike some, they are not drama queens who catastrophize everything. The council won’t tell you shit because they don’t want you fucking up their orders process. They only want you reacting to their orders. You are just a resident. You will find out when the council serves papers on you, and not a minute before. What you are saying shows a lack of knowledge of how councils operate outside of Sydney – and is akin Stalin ringing up Hitler and saying – I’ve heard rumours that you’re going to invade the Eastern Front. Is that true? And Hitler saying – no Mr Stalin, I’ve checked with all departments and being the authoritative person in this office, I can assure you that no such thing will happen.

BPE are going to protect themselves from fines that can go up to $100,000, and by doing that, they are protecting you.

We will proceed when BPE tell us it is safe to proceed.

If the situation is not as clear cut as that, Big Ditch as lead contractor and BPE as sub-contractor will consider our joint positions, based on the information we have, or new information as it becomes available.

We will then advise you.

Not the other way around

 

Thu, 4 Nov 2021, 13:34

Angus, I happen to be the CLIENT who has paid over $50K  in ADVANCE of you finishing the work you promised to perform for such payment. 

(NOTE this money was not paid in advance, it was paid in stages as per a signed contract)

Your written correspondence to me this  morning says “Stop work order has been issued by council”. There is no ambiguity in those words. When I asked you to provide evidence of the “stop work order” you are saying that its now “rumours”. Which one is it? What laws are BPE breaking? You have been very outspoken on this topic assuring me everything you have done is 100% within council guidelines. So why are we stoping work on rumours? Especially when I have spoken to council and they have said there is no issue with the work we are doing?

If you are unable to complete the work because you have stretched resources on other jobs then thats another matter. We can discuss a timeline. But if you have no “stop work order” why are you stopping work? How can you be in breach of a rumour?

Evan

 

11 Nov 2021, 09:53

Angus, Natalie and I have called, you, texted you to call us and emailed you. You haven’t corresponded with us on the progress of this job since the email below 9 days ago.

Suffice to say there will be a slew of negative reviews all over the web on the Big Ditch company as well as reports to the Department of Fair trading, council and other relevant bodies.

Evan Penn

 

Mon, 15 Nov 2021, 08:47

Angus, as per my email below, you did not respond to my email despite my request for you to do so. You  attended  the  property yesterday and  notified Rick that you will be  returning in a weeks  time. That is not  satisfactory. We  need this job  finished  within  the next 7 days. It  is already  long overdue. If you cannot do that  you need  to notify  us NOW  as we will get the  other contractor to  finish it and recover  those costs from you. If the dam wall needs a few days to dry thats fine, but the house pad needs to be done urgently as we have contractors lined up to do other work that is dependant on that happening. Please give me an update of whats been done and what still needs to be done.

(NOTE Bellingen had just received record rains, and working conditions were deemed to be unsafe until water had evaporated)

 

Mon, 15 Nov 2021, 10:33

Evan,

You did not book this job in during the 9 months you fucked around. You ordered one job, time was allocated for that job, and that job was finished. Then you asked for five other jobs, even though in the nine months prior, you knew about these jobs, but did not book them in. You knew we had commitments for people who had booked jobs in in Newcastle, Yellow Rock and Hunter Valley, yet you asked for these new jobs 3 days before our scheduled departure.

Your arrogance and disorganisation is beyond belief. These pissy little jobs, that you couldn’t be bothered telling us about, couldn’t be bothered planning so we could allocate time DO NOT TAKE PRIORITY over other people who have, unlike you, been able to get their shit together.

I am in discussions with NSW Police about your threats to do reputational harm to my business, and the intimidation tactics you are using to try to get your own way.

Luckily, due to your stupidity or arrogance, you have thankfully documented your threats, and these threats have been shown to the Police, and they will be presented as direct evidence to the court – which will ensure I got costs as Judge’s hate people who try to take the law into their own hands by threats and intimidation

Intimidation

Making threats and intimidation with malice of forethought is a criminal offence, and I am looking at having you charged.

Section 13 of the Crimes Act 2007 makes it an offence to intimidate a person with the intention of causing fear of mental harm. This offence carries a maximum penalty of imprisonment for five years or a fine of 50 penalty units

For Intimidation to have taken place, you intended the other person to fear mental harm. ‘Intimidation’ involves coercing someone into acting in a particular way. Intimidation often involves threats such as ‘you better do something or else…!’ or ‘if you do that, you know what’s gonna happen to you’ (social media defamation with malice of forethought)

However, words are not necessary and intimidation can occur through actions designed to pressure another into compliance.

Using a carriage service to menace, harass or cause offence (email)

This is an offence under section 474.17 of the Criminal Code Act 1995 (Cwth) that carries a maximum penalty of 3 years imprisonment.

The essential elements are:

1. that you used a ‘carriage service’, and
2. that the manner of use would be regarded by reasonable persons as ‘menacing’, ‘harassing’ or ‘offensive’

.‘Carriage service’

A ‘carriage service’ is anything that is transmitted through a carriage service provider such as Telstra, Optus, Vodafone etc.

It includes all telephone communications such as calls, voice messages and sms transmissions, all internet transmissions including emails and internet posts and any other communications that occur through a carriage service provider.

Blackmail

Section 249K of the Crimes Act makes it an offence to blackmail a person. Blackmail is defined as making an unwanted demand with menaces with the intention of making a gain or causing a loss. Menaces include making threats (express or implied) of detrimental or unpleasant action to another person. A menace (threat) may be made without the use of words, but by implication. A threat against an individual is a menace if it would cause a person to act in response to the threat or if it would cause the particular individual to act unwillingly in response to the threat because of a particular vulnerability that the person making the threat knows about.

A person can be found guilty of blackmail even if the benefit was never actually obtained or the threat never actually carried out.

This offence carries a maximum penalty of imprisonment for 14 years.

Section 31 of the Crimes Act makes it an offence, punishable by a maximum of 10 years imprisonment, to intentionally or recklessly send or deliver a document containing a threat

Port Macquarie Police

When the Detective Snr Sergeant gets back to me, I will get back to you – or the NSW Police will.

Unsafe working conditions

With regard to your right hand wall dam, due to the rain in Bellingen last week, the wall is unworkable and requires 2 weeks of drying to safely work heavy machines on it.

You are requesting I work in unsafe conditions.

Threats of coercion to work under unsafe working conditions

Under the Fair Work Act 2009, independent contractors are protected from adverse action – for example, a business cannot terminate a contract with an independent contractor because they make a complaint to a regulator about their workplace rights

coercion –  for example, a business cannot threaten to take action against an independent contractor to coerce them not to exercise their workplace rights

The Independent Contractors Act 2006 – allows independent contractors to ask a court to review a contract

The court may consider:

• the terms of the contract when it was made
• whether there was any undue influence or pressure, or any unfair tactics used against a party to the contract
• any other matters the court thinks is relevant
• Under the WHS Act, you have a responsibility for the health and safety of a contractor’s workers when they’re on your worksite. It’s not acceptable to rely solely on the contractor to identify onsite hazards, even when they’ve been hired for specialist knowledge. To fulfil your duty of care under Australian health and safety law, you must enable everyone on site to work safely.

As I spent 3 hours bogged yesterday, I will be sending you a bill – AS PER THE CONTRACT TERMS AND CONDITIONS for $750

This will be sent tonight.

You have now breached the legally binding contract you have signed with us in 3 different ways. I would suggest you engage some competent lawyer who is knowledgeable in contract law

Don’t communicate further with me.

I don’t communicate with people who threaten me

 

Sat, 27 Nov 2021, 20:06

The job has been completed in full by another contractor. We therefore require you to pickup / take away your machines as a matter of urgency.

The gates have been locked, so prior arrangement  is required for you and BPE to pickup your machines. Whoever picks up the machines needs to contact me first on 0411705533  to arrange a time and I will then meet them at the gate to unlock it.

 

Tue, 30 Nov 2021, 00:23

Our machine has now been removed.

I note that you required us to work in conditions that were judged by ourselves and BPE as unsafe to work in

As you have bought another contractor into the jobsite before we had signed off on the project, you are in breach of the terms and conditions of the contract you have signed with Big Ditch. This means that all warranties for any work done by us are now null and void.

I will send our outstanding invoices as per the terms and conditions of the contract you entered into in due course and would appreciate prompt payment

I wish you all the best for the future