Garland Lofts, Zetland apartment evacuees consider legal action

The owners of the 30 evacuated Zetland apartment block are considering suing their former lawyers as they face a $5 million repair bill to fix the apartments that were evacuated last November.

The Sydney Morning Herald revealed the Chambers Russell law firm has advised them they have “reasonably good prospects” of running a negligence case against their former lawyers.

It was Makinson d’Apice who helped the owners corporation settle a $1.7 million insurance claim for waterproofing defects in last year on the condition that no further claims could be made against the insurer.

As the repair works were carried out, “critical” defects were then uncovered.

“We are already very concerned with the conduct of your former solicitors and a number of experts engaged,” said a position paper circulated by Chambers Russell.

It noted Makinson advised the owners corporation not to undertake temporary works that may well have prevented some of the very significant fire safety issues that now exist.

Chambers Russell also noted the settlement had given “little” consideration to alternative accommodation costs and had compromised the owners’ ability to take action against other parties.

Makinson d'Apice partner Alex Kohn has denied the allegations and labelled them defamatory.

"They are unsubstantiated and if they ever mature into active claims against us, those assertions and allegations will be vigorously contested," Mr Kohn said.

Chambers has advised the strata apartment owners the law firm was prepared to run the Makinson case on a no-win no-fee basis.

Owners were briefed by Chambers at an information meeting conduced by the owners corporation.