Hello can you help me answer this scenario problem by acting as a Defendant and establish the elements of Tort of negligence. Answer using an IRAC format. The country in this scenario is Australia.

Advise the following parties of their respective legal position, using the law of negligence. In particular, please analyse the elements to prove defences to negligence, with relevant case-laws.

Requirements for this task:

• the tort of negligence will be used to apply in this scenario
• you are acting as a Defendant
• Mention case laws in the rule section of the IRAC format
• apply the law under the tort of negligence to the question
• answer in IRAC format

SCENARIO

On 1 May 2021 a new restaurant, Wildfire, opened in Mollymook, NSW. The restaurant is owned and operated by Ross. Ross leased the premises, an old fisherman's cottage ('the cottage'), from Jasmine.

There is a large grassy terraced garden behind the cottage ('the sunken garden') which is also owned by Jasmine but does not form part of the premises leased to Ross. There is a fence, with a gate, separating the cottage from the sunken garden.

During the first month of operations at the restaurant the following things happen:

• When Tony comes to leave, Max, the waiter managing the coat check realises that Tony's coat has been stolen. Although the coat was not expensive, Tony is very upset as his phone was in the coat. His phone didn't have a password, and was left logged into his bank account. Since discovering the telephone was missing, $2,000 has already been stolen from his account. Tony also had a pen in his coat worth $50.