Highlights
YOUR INSTRUCTIONS:
Please find below the statement of facts from the client, after your consideration of these facts and research please complete the following:
• A memorandum of advice as to possible causes of action in tort law including any law that you consider to be relevant, as well as advice on defences, remedies and next steps’ (2,000 words).
STATEMENT OF FACTS FROM INITIAL CLIENT INTERVIEW:
I had an initial client appointment with Geraldine today who is seeking our firm’s advice about possible causes of action in tort. She provided me with the following relevant information:
1. Geraldine owns a property on the Sunshine Coast;
2. Bruno, a builder, owns a vacant block of land next to Geraldine’s house;
3. In April 2019, Bruno decided to develop and build an apartment building on this block of land;
4. In May 2019, Bruno put a letter in Geraldine’s letter-box outlining his plans to build on the vacant block. This included plans for the apartment block and a substantial retaining wall on the border of the property. Bruno has the necessary Council and government approvals. Unknown to Bruno, Geraldine was suffering from a virus at the time and was under three-weeks self- isolation. During this time, Geraldine’s son had been collecting her mail;
5. In June 2019, Bruno started his building. This was done by drilling ten (10) bore holes under Geraldine’s land. These bores holes were used to secure rock anchors (i.e. steel cables) to stabilise the earth during the excavation and construction;
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