Mary recently inspected a house and land package in Brisbane, Queensland that she is keen to purchase as a new domestic residence. She fell in love with the property because of its wonderful back garden. In the back garden are the following items:

a small portable shed,

a large painted rock garden, and

four large palm trees each approximately 10 metres in height.

None of these items were mentioned in the contract of sale. Settlement is scheduled for 120 days after the date of executing the contract.

After settlement when Mary took possession of the property (and paid the full consideration of $2,000,000) Mary discovers to her horror that the SHED AND THE FOUR PALM TREES HAVE BEEN REMOVED!

If that was not enough her neighbour's drone is constantly flying over her property, and taking photos she believes of her rock garden, which contains artwork by famous indigenous artists. Her belief is based has arisen because she has noticed that there are the same images and same rocks appearing on a YouTube website: "Indigenous Artworks of Queensland". Outraged Mary used her son's catapult to shoot down the drone, which landed in her back yard. When the neighbour discovers this "accident" as Mary claims, he demands the return of the drone (valued at $2,000). He states that the drone was operating in "public air space".

Advising Mary in regard to the following:

(a) Whether she can recover compensation from the previous owner for the lost shed and palm trees; (10 marks)

(b) Whether she can bring an action stopping the neighbour from using a drone to take images of her rock garden; (10 marks) and

(c) whether she has to return the drone to the neighbour. (10 marks)