Joe is a restauranteur who runs the iconic Melbourne restaurant Cin Cin. Joe was interested in...
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Joe is a restauranteur who runs the iconic Melbourne restaurant Cin Cin. Joe was interested in purchasing an old unrenovated property in Fitzroy, which is an historic suburb of Melbourne with many heritage buildings. He spent many months inspecting properties before locating a property on Drummond Terrace that met his needs. Prior to making an offer, he called Fitzroy Council ('FC') to request information about whether the Drummond Terrace property was subject to overland water flow or termites. (Termite infestations can cause enormous damage to wooden structures.) Pat, an employee of FC took the call and informed Joe that all properties in Drummond Terrace were free from overland water flow and termites. It was Friday afternoon and Pat was in a hurry to get home, so she had not bothered to query the Council's database for the correct information. As a result of this information provided by FC, Joe purchased the Drummond Terrace property for $1.8 million. Soon after moving in, he discovered that the house footings were infested with termites. Design One Pty Ltd ('D1') has quoted $300 000 to get rid of the termites and repair the footings. Joe complained to the FC about being given incorrect information and that he would not have bought the property had he known about the termite issue. FC investigated the matter and sacked Pat as a result. Pat was very upset about being sacked. She visited Cin Cin for dinner one evening and ordered a pizza. After the pizza arrived, she secretly dropped some dead flies onto it that she had brought with her, took some photographs of the tainted food, and left. The next day, she anonymously posted the photos and a review of Cin Cin to TripAdvisor: Probably the worst restaurant I have ever been to. The pizza was fly-ridden and gross, and the atmosphere was like a factory cafeteria. The owner has an arrogance that should not exist in a service industry. I would give this place no stars if it was a possibility. In the meantime, Joe accepted the quote of D1 to perform the remedial work as a result of the termite damage. This is scheduled to take a year to complete, however, after a month the noise of the power tools has become so unbearable that the neighbours have complained to Fitzroy Council. FC have issued a notice of nuisance to Joe. Required: Advise Joe in relation to: a) Any action that he can take against FC in relation to the provision of incorrect information b) Any action he can take in relation to the review of Cin Cin c) The matter of the nuisance notice Do NOT refer to legislation in your answers, only refer to common law principles and cases. Joe is a restauranteur who runs the iconic Melbourne restaurant Cin Cin. Joe was interested in purchasing an old unrenovated property in Fitzroy, which is an historic suburb of Melbourne with many heritage buildings. He spent many months inspecting properties before locating a property on Drummond Terrace that met his needs. Prior to making an offer, he called Fitzroy Council ('FC') to request information about whether the Drummond Terrace property was subject to overland water flow or termites. (Termite infestations can cause enormous damage to wooden structures.) Pat, an employee of FC took the call and informed Joe that all properties in Drummond Terrace were free from overland water flow and termites. It was Friday afternoon and Pat was in a hurry to get home, so she had not bothered to query the Council's database for the correct information. As a result of this information provided by FC, Joe purchased the Drummond Terrace property for $1.8 million. Soon after moving in, he discovered that the house footings were infested with termites. Design One Pty Ltd ('D1') has quoted $300 000 to get rid of the termites and repair the footings. Joe complained to the FC about being given incorrect information and that he would not have bought the property had he known about the termite issue. FC investigated the matter and sacked Pat as a result. Pat was very upset about being sacked. She visited Cin Cin for dinner one evening and ordered a pizza. After the pizza arrived, she secretly dropped some dead flies onto it that she had brought with her, took some photographs of the tainted food, and left. The next day, she anonymously posted the photos and a review of Cin Cin to TripAdvisor: Probably the worst restaurant I have ever been to. The pizza was fly-ridden and gross, and the atmosphere was like a factory cafeteria. The owner has an arrogance that should not exist in a service industry. I would give this place no stars if it was a possibility. In the meantime, Joe accepted the quote of D1 to perform the remedial work as a result of the termite damage. This is scheduled to take a year to complete, however, after a month the noise of the power tools has become so unbearable that the neighbours have complained to Fitzroy Council. FC have issued a notice of nuisance to Joe. Required: Advise Joe in relation to: a) Any action that he can take against FC in relation to the provision of incorrect information b) Any action he can take in relation to the review of Cin Cin c) The matter of the nuisance notice Do NOT refer to legislation in your answers, only refer to common law principles and cases.
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a Action against FC for the provision of incorrect information Joe may have a potential claim against FC for negligent misrepresentation Negligent misrepresentation occurs when a party makes a false s... View the full answer
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