Question
In December of 2019, Charles signed a contract to purchase a property (the property) in northern New South Wales. Charles planned to retire on the
In December of 2019, Charles signed a contract to purchase a property ("the property") in northern New South Wales. Charles planned to retire on the property and set up a short stay 'getaway' retreat at which people would pay to stay. He also planned to grow and later sell olives in order to supplement his retirement. Ten days before signing the contract, Charles was invited to a Christmas party hosted by his best friend, Ted. While at the party, Ted introduced Charles to Mitch. Mitch worked for a Government Department called Roads & Maritime Services (RMS). Mitch told Charles that his office was responsible for the approval of new infrastructure including road proposals and upgrades in the local region. Charles told Mitch about his intention to purchase the property and then said, "I hope you lot do not intend to
build a highway through my property as that would destroy my intended business plan." Mitch then
said, "We have some major roadworks planned for construction in 2020, but I think your property is too
far out of town to be affected. Besides, I would not worry if I were you as better roads will bring more
people to your retreat. I'm fairly certain the proposed roadworks will not affect you." Charles now comes to see you. He has just learned that the RMS has begun earthworks to lay the foundations for a six lane major highway that when constructed will pass alongside Charles's property. Charles believes that the highway will destroy the peace and tranquility of his property and ultimately destroy his business. He wants to know whether or not he will be successful in suing either Mitch or the RMS for Mitch's comments at the 2019 Christmas party.
Advise Charles
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