Question
Richard is a happily married, well-known TV celebrity chef. He has lived next door to Bungalow for 25 years, but the two men have never
Richard is a happily married, well-known TV celebrity chef. He has lived next door to Bungalow for 25 years, but the two men have never been on good terms. Richard and Bungalow live on the outskirts of an industrial estate. Across the street from their houses there is a clothing factory operated by Blue Jeans Pty Ltd.
One morning Richard is in his front yard, sawing some branches off his trees, when Bungalow (who is standing in his own front yard) yells out to attract Richard's attention. Richard responds: "Stay away from me. If you come near me, I will saw your head off!"
All of a sudden, Bungalow realises that the large branch that Richard is currently sawing is about to crash onto a car parked on the street. Bungalow races out to the car and smashes the window so that he can release the handbrake and roll the car to safety.
Unfortunately, Bungalow quickly loses control of the car, which races down the street and smashes into a tree, causing extensive damage to the car. After the branch had fallen, Bungalow realises that it was smaller than he had previously thought, and it barely reached the place where the car had been parked. The owner of the car, Spot, had been at a party in a nearby house. He runs out when he hears the crash and is very angry to discover his car is so badly damaged.
Feeling extremely deflated about the events of the day, Bungalow returns home and decides to relax for the rest of the afternoon by watching The Bold and the Beautiful.
He is unable to hear the television, however, given the loud noises coming from the Blue Jeans factory. Traditionally, the working hours of the Blue Jeans factory has been from 7.00am to 4.00pm, Monday to Friday. However, in June 2022, due to a steep rise in demand for its products, management decided to operate a second factory shift from 4.o0pm to 9:00pm. This makes it difficult for Bungalow to enjoy The Bold and the Beautiful.
Frustrated that he cannot hear his favourite show, Bungalow instead decides to go late night shopping at the Fingalish Mall. As he is wandering around the mall, Bungalow spots Richard who is sitting in the food court crying. Richard is extremely upset because while he was browsing in the newsagency, he happened to glance at the new edition of Fame and Food magazine, only to discover that there are several people claiming that he has been having sexual relations with another celebrity chef for over a year. While it is true that Richard has been having sexual relations with another celebrity chef, this has only been occurring for the past six months. The article also states that Richard has been stealing recipes from a rival chef which is untrue. In the weeks following the publication of the magazine, Richard's TV ratings plummet.
A few months later, Bungalow is convicted of criminal offences that he committed a number of years ago. As a prisoner at the Fingalish Correctional Centre, Bungalow gets along very well with his fellow inmates. The inmates decide to protest about the conditions in the prison and go on a hunger strike. After three days on the hunger strike, the prison authorities become extremely concerned about Bungalow's health, so they decided to force feed him.
- all tort actions arising from these facts. Do not discuss defences or remedies.
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