Problem 19 - The 'joys' of University accommodation Part (a) Quiew Wong (plaintiff) commenced proceedings against the University of Brisbane Accommodation Services (UBAS, defendant) in the District Court of Queensland. In his Statement of Claim he alleged a breach of contract, breach of duty relating to personal injury and breach of s18 of the Australian Consumer Law (misleading and deceptive conduct in trade and commerce). The material facts were that in June 2019 Wong, an international student, entered into an agreement with UBAS to rent a 1 bedroom self-contained student flat at the Mt Coot-tha campus of the University of Brisbane. At the time of the agreement Wong was in Hong Kong. Wong found out about UBAS and the types of accommodation it provided via its website. All correspondence between Wong and UBAS was via email. Wong paid the deposit for the flat by electronic funds transfer while still in Hong Kong. On arriving in Brisbane and taking up his lease Wong was shocked. It turned out that his flat was a shared flat with 8 other students. There was a single communal kitchen and a single toilet. Wong was unable to live and study in that environment. He was forced to find much more expensive alternative 19 accommodation. Further, the sanitary conditions in the flat for the few weeks that he endured it were so bad that he contracted an extremely debilitating lung infection that had him hospitalised for several weeks. As a non-Australian citizen this hospitalisation was very expensive and was not covered by his health insurance. In the Claim he asked the court for $167,000 in damages in total; a sum that included the costs associated with the leasing of the flat from UBAS, the costs in finding alternative accommodation, the medical costs and additional damage for loss and suffering and interests and costs. In its Defence UBAS denies all the causes of action. It claimed that the shared nature of the accommodation was clearly stated on the website and in correspondence with Wong. It also alleged that Wong's health problems arose from a pre-existing condition and that the responsibility to maintain the sanitary conditions in the accommodation was with the residents. Further, it included a Counter Claim alleging Wong had breached his accommodation agreement and owes UBAS 6 month's rent. It has been 30 days since the Notice of Intention to Defend, Defence and Counter Claim has been served. Wong, who had been representing himself up-to-now has come and seen you. Advise Wong of the steps that should be undertaken. For the purposes of this problem assume that PIPA has been complied with or waived and that specialist residential tenancy rules and processes do not apply. Part (b) Pleadings have now closed and you are back advising Wong. The following material facts remain in dispute: the representations about UBAS accommodation on the website and in correspondence; the responsibility for maintaining sanitary conditions at UBAS accommodation; the cause of Wong's illness; the costs and losses Wong has incurred; whether Wong by leaving UBAS and not paying any rent was in breach of the accommodation agreement. Advise Wong of the purpose and necessity of disclosure and the process. Part (c) Wong has brought in and discussed with you the following evidence. Determine what should be disclosed to the defendant. 1. A download of Wong's email account (in and out boxes). Wong began using that account in 2014 as a 15 year-old. It was the account through which he communicated with UBAS. The account also has his emails to his current and ex-girlfriends, communication with his World of Warcraft buddies and all manner of personal and commercial communication. 2. Some of the paperwork regarding his entry into Australia from the Department of Immigration. A quick glance reveals that there seems to be documents missing; most significantly the formal letter from the Minister granting Wong his student visa. 3. A download of Wong's temporary internet folder that includes the data of UBAS's website from June 2019. 20 4. A medical report from Hong Kong dated February 2019 detailing treatment for a 'congested chest.' 5. Digital photographs of the kitchen from the UBAS flat - showing it piled high with dirty dishes full of food scraps and an overflowing bin with what looks like maggots crawling out.