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QUESTION 2 Juanita said she would smell the flowers for herself. That is what she told her husband, Jorge, that morning in early September 2019,
QUESTION 2 Juanita said she would smell the flowers for herself. That is what she told her husband, Jorge, that morning in early September 2019, to see the annual flower show in Foy's, a large department store in central Sydney. Juanita took their 14 year old daughter, Saffron, with her. The Foy's annual flower show was a major event in Sydney and always attracted large crowds. It was held on the ground floor amongst the perfume counters. The ground floor was made of marble. You are informed that, to ensure that the marble remained non-slip, it had to be regularly treated with a particular chemical. Due to a budget blowout for the flower show, Foy's had decided not to recoat its marble floor this year. Shortly before Juanita and Saffron arrived at Foy's, a customer dropped a perfume tester bottle on the marble floor near one of the counters. The glass bottle smashed and the liquid perfume ran on the floor. The counter manager, Mark, saw the customer drop and smash the bottle and the liquid on the floor but decided not to clean it up as such menial work was beneath him. He decided to wait until his junior assistant, Jack, returned from his break to get him to clean it up. In any event, Mark thought that people would see the amber liquid on the grey floor and would avoid it. Juanita and Saffron walked past the flowers. Juanita was so engrossed in looking at the floor that she did not see the puddle of liquid perfume on the floor. She stepped in the perfume, slipped and fell, hitting her head on the marble floor. She was rendered immediately unconsciously. Saffron witnessed her mother's fall. Juanita was rushed to hospital by ambulance. Saffron telephoned her father to let him know what had happened. By the time he arrived, Juanita had been pronounced dead from her head injuries. In November 2019, Jorge and Saffron were both diagnosed with severe depressive disorders. You are informed that, at the time of her death, Juanita was the chief executive officer of the Carousel chain of five star hotels, operated by Carousel Hotels Pty Ltd. Her base salary was $3 million per annum, although she also regularly received substantial six-figure bonuses. You are further informed that Jorge did not work outside of the home, instead staying home and being the primary caregiver for Saffron. Prior to her death, you are informed that Juanita had taken out a life insurance policy for $10 million in favour of Jorge. When organising her affairs, Juanita had appointed her solicitor, Abe, as her executor under her will. Advise Abe, Jorge, Saffron and Carousel Hotels Pty Ltd
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