From: Lestar Manning [mailto:lestar@paelaw.com] Sent: Friday, 25 October 2013 3:54 PM To: damian carstens; donnaallan@iprimus.com.

au; 'Grant Allan' Cc: Paula Christiansen Subject: FW: Allan Claim - AQL627-11

Dear all Eve Lynch gave me the courtesy of a telephone call before sending me the email below. She indicated that they would despite the first sentence of our letter be treating it as a rejection of councils offer and treating it as a counter offer. I asked her which of the proposals in relation to the draft deed of settlement that they had sent to us made her consider that it was a rejection of the offer bearing in mind that we were agreeing to each of the bullet points set out in her letter. She indicated she had not had sufficient time to go through the merit of those matters with her client. I asked on that basis how she was in a position to say that the offer had been rejected. She said she did not wish to quibble about it at this time. She did say that on a quick reading of our correspondence none of the matters that were raised offended her. She did indicate that if we ceased preparation for the hearing of the appeal that it would be at our own peril. She has advised me that her clients will be attending at her office on Monday or Tuesday of next week to discuss the matters raised. She asked me whether I had instructions in relation to my clients intentions with respect to the order as to costs. I indicated that was covered by the agreement. She indicated it was not the intent to do so. I said I did not have instructions. She has indicated that she thought it appropriate that the solicitors meet to discuss the terms of the deed.

Lestar Manning Director e: lestar@paelaw.com

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From: Lynch, Eve [mailto:Eve.Lynch@allens.com.au] Sent: 25/10/2013 3:43 PM To: Lestar Manning

Cc: McCredie, Bill; Thorpe, David Subject: Allan Claim - AQL627-11 Dear Lestar, Thank you for your letter. We have passed it on to our client and expect to be in a position to respond mid-next week. Notwithstanding the first sentence of your letter, based on the amendments sought to the draft Settlement Deed we confirm that your clients have rejected Council's offer dated 11 October 2013. We therefore propose to treat your correspondence as a counter-offer. On that basis, we do not think it would be appropriate for either party to cease preparation for the hearing, or to seek the hearing dates to be set aside. Our client will continue to prepare for the hearing until such time as the parties have entered into a Settlement Deed on agreed terms. Subject to our client's instructions, we agree that it would be useful for the parties' lawyers to meet to discuss your letter. Kind regards, Eve Lynch Senior Associate Allens <image001.jpg> DL +61 7 3334 3274 M 0420 295 786 Riverside Centre 123 Eagle Street Brisbane QLD 4000 Australia www.allens.com.au ************************************************************************* Allens is an independent partnership operating in alliance with Linklaters LLP. This email is confidential and may be subject to legal or other professional privilege. It is also subject to copyright. If you have received it in error, confidentiality and privilege are not waived and you must not disclose or use the information in it. Please notify the sender by return email and delete it from your system. Any personal information in this email must be handled in accordance with the Privacy Act 1988 (Cth). Website: http://www.allens.com.au | Office locations: http://www.allens.com.au/offices | Partner contacts: http://www.allens.com.au/experts *************************************************************************

************************************************************************* Allens is an independent partnership operating in alliance with Linklaters LLP. This email is confidential and may be subject to legal or other professional privilege. It is also subject to copyright. If you have received it in error, confidentiality and privilege are not waived and you must not disclose or use the information in it. Please notify the sender by return email and delete it from your system. Any personal information in this email must be handled in accordance with the Privacy Act 1988 (Cth).

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