Question 1

It is 21 June 2022. A new client named Bonita Scott has come to see you. Scott is the sole director of a corporation called Long Way To the Shop Pty Ltd. The company supplies and services vending machines in the Brisbane area in Queensland. Over the past two weeks, Scott has been moving the business into a new premises at 48 Black St Fairfield. The registered address of the company has remained, for past 12 years (and for the time being) at the previous business address at 3 Rock St Acacia Ridge. Scott says that her administrative assistant delivered some documents to her at her home at 15 Jailbreak St Ashgrove yesterday on 20 June 2022. The documents had been collected by the assistant from mail delivered at the previous business address in Acacia Ridge. The assistant said that she thought they looked important and so made an urgent personal delivery of them to Scott's home. The postage date on the envelope was 7 June 2022. The first document is a Claim. The Claim, in the approved form, states that it was filed in the Queensland District Court on 5 November 2020 and has the court's seal. It names Scott's company as defendant and 3 plaintiffs each claiming between $158,000 and $560,000 in damages. It includes the relevant notice to the defendant. The second document is a Statement of Claim and provides further detail about the claims. The Statement of Claim is reproduced below:

DISTRICT COURT OF QUEENSLAND REGISTRYzBrisbane NU'MBER:1 l l of 2020 First Plaintiff: INT Group Australia Pty Ltd AND Second Plaintiff Power Up Arcade: Pty Ltd AND Third Plainti' Clibrd Junta Williams AND Defendant: Long Way To The Shop Pty Ltd STATEMENT OF CLAIM This claim in this proceeding is made in reliance on the following facts: 1. At all material times the rst plainti'was: a. A company duly incorporated according to law ad capable ofsuing in its own name: b. The registered owner of shop 4. l3 Thlmderstruck Ave Brisbane. Queensland ('the shop'). 2. At all material times the second plaintiff was: a. A company duly incorporated according to law and capable of suing in its own name. b. The occupant of shop 4. 13 Thunderstruck Ave Brisbane. Queensland. 3. At all material times the third plaintilfwas: a. A 34-year-old man living at 49 Brian Rd. Eight Mile Plains. Queensland. b. The owner of a High Voltage 1'\" HV514 vending machine ('the machine'). 4. At all material times the defendant was: STATEMENT OF CLAIM Name: Angts Yurrg Filed at Bdnlfof the Plaintils) Address: 85, Hell Hwy. Cnnrnn Hill QLD Fan: 16, Version 2 Unrfcnn Civil Procedure Rules 1999 Phone N0107 37535652 Rules 22, 146 Fax No: 07 37522113 a. A company duly incorporated according to law and capable of being sued in its own name. 5. On or around 7 November 2014. the third defendant entered a contract for purchase of the machine from the defendant. 6, Immediately prior to the purchase. a sales representative for the defendant represented to the third plaintiff in writing in entail that. based on historical data. investing in the machine would create a minirmun annual return on investment of 100%, 7, The representation referred to in paragraph 6 was: a. False. b. A negligent misrepresentation. c. Made in trade and commerce and was misleading or likely to mislead or deceive in contravention of s 18 of the Australian Consumer Law. 8, The third plaintiff reasonably relied on the representation referred to in paragraph 6. 9. The third plaintiff suffered loss as a result of reliance on the truth of the representation. 10.Furthermore. terms existed in the contract of sale mentioned in paragraph 5 that the machine would: a. Cowly with Australian safety standards. b. Be t for purpose under normal operating conditions. 11.0n or around the 2 July 2015 an employee for the defendant refurbished the machine for the third plaintiff (the 'servicing of the machine'). 12.The defendant owed a duty to the rst. second and third plainti' to take reasonable care in the servicing of the machine. 13.At approximately 7.45am on the 8 July 2015. the rmchr'ne caught re. \"immediately prior to the re. the machine had a defect that made it prone to catching re during normal operation. This defect: at. Should have been apparent to a competent repairer undertaking the servicing of the machine. b. Was not identied or rectied by the defendant. or c. Was created by the defendant in the servicing of the machine. 15.By selling the machine with the defect. the defmdant: a. Breached the contractual terms of sale with the third plaintiff. b. Contravened standards prescribed under the Electrical Safety Act 2002 (Qld). 16.By creating the defect. and/or by failing to identify and rectify the defect. and/or by contravening safety standards the defendant breached its duty of care to the rst. second and third plaintiffs. WAS a result of the breach mentioned in paragraphs 15 and 16: a. The rst defendant suffered damage to its premises at shop 4. 13 Thunderstruck Ave Brisbane, Queensland. b. The second defendant suffered property damage and loss of revenue due to closure of the shop during the period 8 July 2015 to 25 November 2015. c. The third defendant suffered property damage to the machine. The rst plaintiff claims the following relief: (a) $214,000 damages for repair and restoration of the shop. (b) Interest. (c) Costs. The second plaimi' claims the following relief: (a) 3450.000 damages in lost revenue. (b) 3110.000 damages for loss of business assets. (c) Interest. (d) Costs. The third plaintiff claims the following relief: (a) $3000 damages for loss of property. (b) 3150.000 damages for reliance loss. (c) Interest. (d) Costs. Signed: $239.: (367 Description: Solicitor for the plaintiffs NOTICE AS TO DEFENCE Your defence must be attached to your notice of intention to defend