Question
On 20 April 2023, on the evening of the book launch party,Karolina snuck into Gigi's Fitzroy home.The main front gate was locked, and guests received
On 20 April 2023, on the evening of the book launch party,Karolina snuck into Gigi's Fitzroy home.The main front gate was locked, and guests received an entry pin with their invitation to open the gate.Given Karolina did not have an invitation, she jumped over the fence.Karolina had heard that prominent authors, agents, publishers, movie directors and producers would attend the party, so sheintended to mingle and get herself 'noticed' by the right people.
Unfortunately, when Gigi spotted Karolina, she became quite agitated. 'What are you doing here?' Gigi asked. 'You're not invited! You have 20 seconds to leave my house, or I'm calling the police!'
'Oh yeah? Why don't you have your personal assistant do it for you, given how... how importantyou are!' Karolina spat the words out sarcastically.
'Get off my property right now!' shouted Gigi.
'Make me!' yelled Karolina. She grabbed aglass of red wine from a nearby tray, lunged towards Gigi and splashed the liquid at Gigi. Itsplashed onto Gigi's face and stained Gigi's $3,000 dress which she had purchased especially for the event. In response, Gigi physically shoved Karolina away. Karolina then grabbed a vase (which turned out to be a $20,000 antique vase Gigi had inherited from her aunt) and threw it at Gigi. The vase shattered, with some of the pieces hitting Gigi's face, startling her, and causing her to stumble and fall to the floor. Gigi broke her shoulder and needed emergency surgery that night. The injury will require considerable healing and is expected to affect Gigi's ability to write for many months to come.
In this scenario the elements to trespass to land is meet, except The defendant (Karolina) must have intended to cause the interference. In the scenario it is stated that sheintended to mingle and get herself 'noticed' by the right people and not to cause damages to Gigi but this has happened
so in case law of Australia what can support that although intent was different the damages Karolina causes to Gigi still comes to trespass to land
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