MLL391 - Civil Procedure and Alternative Dispute Resolution - Law Assignment Help

Assignment Task

THE FACTS
Scout Solo (Scout), a resident of Melbourne, is an avid trekker. She organises an expedition the Omarhanjeepacxi Mountains (the Omars), on the border of Peru and Ecuador in South America with five (5) other trekkers. Scout orders trekking equipment for the group from Soaring Adventures Pty Ltd (Soaring) through an online purchase order form. Soaring is an Australian registered company headquartered in Melbourne.
Soaring places an order with the manufacturer Boulder Adventure Gear Supplies Ltd (BAGS), a US registered company headquartered in Boulder, Colorado. BAGS is a supplier of equipment worldwide and is known as a manufacturer of very high quality equipment. Scout provides Soaring with her itinerary. Soaring suggests that the equipment be forwarded to her in South America. Scout provides an address in Lima, the capital of Peru.
Soaring forwards Scout’s name and the Lima forwarding address to BAGS. BAGS engages Chevron Global Logistics Ltd (Chevron) to ship the goods to Scout. Chevron contracts with Anywhere On Time Ltd (AOT), a document management company which handles the documentary aspects of shipment and carriage of goods through virtual documents. In July 2018 Soaring is dissolved and deregistered, and its assets are acquired by Global Adventure Group LLC (GAG), a company registered in Switzerland and based in Zurich.
Scout and the trekkers arrive in Lima on 23 March 2016 local time, where Scout takes delivery of the equipment she ordered from Soaring. The first trek is scheduled for 25 March local time. The expedition proceeds as scheduled but is dogged by accidents from the outset, as several pieces of equipment at first do not function optimally; then, under more testing conditions at altitude, malfunction; until one fails altogether while traversing a ravine, resulting in severe injuries to the trekkers and Scout.
Scout and the other trekkers are rescued by Peruvian emergency services and spend the next several months recovering in a Lima hospital before returning to Australia in September 2016. All of the injured trekkers including Scout have either been prevented from returning to work or resuming work to their previous capacity or level because of their injuries.
Scout seeks legal advice on her own behalf and on behalf of the other trekkers. She is advised by Owen Money of Money, Monday and Morgan to commence action immediately in the Supreme Court of Victoria.

QUESTION ONE
Can an action be brought by or on behalf of all of the trekkers? Explain

QUESTION TWO
Owen names Soaring as the defendant to the writ. Are the proceedings validly constituted?
Having named Soaring as sole defendant can the writ be altered to name BAGS as a defendant in the place of Soaring? Explain
If so, can BAGS be served? How?

QUESTION THREE
The equipment delivered to the Lima address was lost in the accident. Owen Money learns that Chevron is notorious for failing to properly track consignments and for mistaken deliveries. He reasons that if Chevron had made such an error there may be a basis for joining them as a defendant, and an additional cause of action.
By what means may Owen determine if such an error had been made?

QUESTION FOUR
Assume that a trial date is set: Monday August 10, 2020. On Friday August 7, 2020 Owen seeks leave to add the following to the statement of claim
“In the alternative, that Chevron Global Logistics Ltd failed to exercise due skill and care in their handling of the equipment resulting in the delivery of equipment of lesser quality which did not match the description of the goods purchased by the plaintiffs and was not fit for the purpose which the plaintiffs had purchased the equipment.”
Will the court grant leave for the amendment to be made?

QUESTION FIVE
After the limitation period for bringing an action against them has expired Owen discovers that the name of the shipping company is not ‘Chevron Global Logistics Ltd’ but ‘Chevron Global Logic Ltd’. ‘Chevron Global Logistics Ltd’ is the name of a major events company that specialises in moving major events on global tours. He applies for leave to change the court documents to remove the error and reflect the facts he has discovered.
Will the court grant leave?

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