Milco and Cami Durand - Case Study - Consumer Law

Consumer Law Assignment:

Milco and Cami Durand, a couple, are recent French immigrants who arrived in Australia in May 2015. Milco suffers from severe migraines due to a motorcycle accident that occurred in France a year ago. Prior to the accident, the couple both worked as chefs at a large hotel in Paris however, Milco was unable to continue working full-time due to his health condition. The couple, therefore, decided that a change of lifestyle was required and relocated to Australia with the hope of running their own hospitality-related business. In doing so, they felt that as they would be in charge of the business, there would be a degree of flexibility in the number of hours in which Milco would be required to work. Both Milco and Cami have very limited English communication skills. Furthermore, they have no experience in running a business. The couple decides to move to Carina, a suburb of Brisbane. Whilst out on an evening walk, the couple notices a sign in front of a bakery along Old Cleveland Road, Carina, indicating that the business was for sale. After making enquiries, Milco and Cami signed the contract for the purchase of the business on the 11 December 2017. A condition of the contract was a seven-day cooling-off period during which the couple were able to elect to no longer proceed with the purchase. The next day the couple read from an advertisement in the Eastside Times that the Brisbane City Council had plans to build a light rail line through Carina. However, there was no mention in the article as to the proposed route of the line. They were concerned that if the light rail was to be constructed along Old Cleveland Road, the construction may obstruct access and the view of the shop thereby reducing the number of customers and rendering the purchase of the business unprofitable. Questions: 1) Advise Milco and Cami whether they are able to take action against the Brisbane City Council for Negligent Misstatement. Consider both the common law and the Civil Liability Act 2003 (Qld) in your answer. 2) Advise if King of Ovens may be liable for breaches of the Australian Consumer Law 2010 (Cth).