Candice is the manager for Dome Campers Pty Ltd. During July 2021 he visited the offices of PWD [a large accounting partnership with several hundred staff and turnover of many millions per year] to collect the payroll reconciliation and Business Activity Statement (BAS) for Dome Campers. PWD prepares the BAS, STP payroll, and annual tax returns for Dome Campers.

Walking back to his car, which he had parked in the laneway behind the PWD office, he saw some papers in a box near PWD's rubbish bins. Upon closer inspection, many of Dome Campers' bank statements and other business documents that PWD used for the accounting work appear to have been put out in the rubbish in the laneway behind their offices. Candice put all the documents in his car and took them back to the Dome Campers office, and placed the box in a secure storeroom.

One Saturday in February 2022, Candice was working at the annual Campervan Expo, and during a quiet period went over to look DIAMOND Campers display [Dome Campers' main competitor]. Candice discovers the new DIAMOND 'Super Camper' is exactly the same design and colour as Dome Campers' new 'Soopa Campa' model, which has many innovative features. The DIAMOND van is much cheaper than the Dome Campers van. Dome Campers set their price at $195,000 to recoup their years of research and development, while the DIAMOND campervan is priced at just $140,000. During the weekend Expo, DIAMOND Campers sell hundreds of their Super Campers and Dome Campers sells only two (2) Soopa Campas.

Candice heads back to the Dome Campers office to inspect the box of documents he found in the laneway behind PWD's offices. Dome Campers had sent their plans and design documents to PWD some months ago to make sure that all R&D tax allowances were correctly included in their accounts and tax returns. The documents and plans for the Soopa Campa are not in the box he found. Candice calls the PWD office and Leoni (a PWD partner) answers. Leoni confirms that the documents are not in the files in PWD's office, and that she recalls all Dome Campers documents being disposed of some months prior. Leoni insists such documents are always securely shredded and disposed of. The DIAMOND Camper head office backs onto the same laneway as PWD's office.

Required:

Identify any legal rights that may be available to the parties in the scenario given above, from both contract and tort law. Apply the legal rights you have identified to this scenario, including any remedies that may be available. Justifyyour arguments by citing relevant legislation and case law. Use I.R.A.C Method