Question
A university situated in qld. It owns two campuses - in 2010 purchased a smaller campus in a rural and remote part of qld hinterland
A university situated in qld. It owns two campuses - in 2010 purchased a smaller campus in a rural and remote part of qld hinterland (the 'Hinterland Campus'). The Hinterland Campus is only used three times a year (once a semester) to host a camp for new students. It is surrounded by a 3m high fence. On one side of the property is a private property owned by Lynette. The rest of the camp is surrounded by Crown land (a national park which includes a leech infested swamp). The camp is run by older students as camp counsellors. The camp counsellors wear uniforms indicating their role and get paid roles running the camp. They are provided with accommodation whilst facilitating the camp. While some students operate as camp counsellors at multiple camps this is not the expectation, nor the norm.
LYNETTEis the neighbour of the camp, and bought it in 2018. She had moved to the hinterland to live close to nature and loves the peace and quiet. Over the past few years, she has noticed that the area has become more built up and it has more generally become noisier. She particularly hates when the university camp operates because she finds that the new students are noisy late into the evening talking and laughing amongst themselves. She has complained to the university but the university has brushed off her concerns. The university has told her that they are entitled to run the camps as part of their statutory rights related to running a university, the students are not particularly noisy and, anyway, the camp only takes place three times a year. In 2021, the University determines that it will undertake some renovations of the Hinterland campus which involve upgrading some of the buildings and begins work in January 2021 with some excavation work. When undertaking some excavation work, the university hits some cabling owned by LYNETTE situated on the university's land which provides internet to Lynette property. The university was unaware of the location of the cabling. As a consequence of not having internet, LYNETTE cannot work from home. She is required to rent office space for $300 per week to undertake her role and is told that due to her remote location, it will cost $4000 to fix the cabling for her internet.
Advise lynette about any causes of action that she may have in torts. Consider any defences and any remedies that she could receive. (18 marks)
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