But their joy was shortlived; in August, Nicheliving was granted a stay of that decision in the State Administrative Tribunal, which ensured its registration was returned until at least November, when a new hearing was scheduled.
Nicheliving managing director Ronnie Michel-Elhaj.Credit: Nicheliving
Key to any deal is convincing Nicheliving to drop its builder’s registration fight, which would allow customers to access their indemnity insurance.
In August, the Home Builders Action Group devised a proposal that both Nicheliving and government wear some of the blame for the situation customers were in and the government assemble a panel of builders to finish the homes.
Michel-Elhaj told this masthead that while the company was carrying $44 million worth of debt, it was also backed by $100 million worth of property and contract assets. He said it had recently sold about $22 million in assets to keep builds going.
Any government deal is likely to put customers offside unless they get to choose their own panel and Nicheliving is held accountable for taking on more work than it could handle.
A joint statement released Wednesday from Nicheliving customers Richard Hamilton and Kathy Ellis, on behalf of about 150 other customers, said they were concerned about rumours the deal would include a builders panel of the government’s choosing.
“This does not respect our rights as consumers, or as citizens of Western Australia. We were competent adults when we signed a contract with Projex/Nicheliving,” they said.
“It is a decision that we now regret. Nevertheless, we remain competent adults, and as such, our rights as consumers should be respected.”
Ellis and Hamilton, both of whom have experienced homelessness as a result of their home building saga, said they also did not want to see Nicheliving or its directors held accountable for their actions.
“On balance, we feel that it would be better for the legal process to run its course and Mr Michel-Elhaj and Mr Bitdorf’s conduct be given the public scrutiny they deserve than they be allowed to walk away from the Nicheliving debacle unscathed while we have to live with the financial and emotional consequences for years to come,” they said.
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“The optics of any such arrangement would also be very bad, particularly going into an election year.
“[Our] anxiety will not be helped by major decisions about our lives being made in secret backroom deals, without transparency or accountability.”
In a sit-down interview with this masthead, Michel-Elhaj said he believed God was on his company’s side.
“We’ve been very fortunate. I think I call it divine intervention, right? So I’m a Christian person, and I like to see that there is God assisting the company and our team,” he said.
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