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Zoe owns and operates Hart Gallery, a contemporary art gallery in Wollongong, where she also runs regular art lessons to budding local artists. Zoe lives

Zoe owns and operates Hart Gallery, a contemporary art gallery in Wollongong, where she also runs regular art lessons to budding local artists. Zoe lives in a cottage in Shellharbour with her brother Jacob, a renowned painter and sculptor.

Jacob assembled a curated set of his abstract paintings and a few modern sculptures for an overseas solo exhibition. He left these with Zoe, and suggested for her to use these to decorate her cottage whilst he is overseas preparing for the exhibit. One of the paintings, titled, La Oropesa, depicts Australian beach scenes rendered in soft pastel shades with bright accents of colour.

In order to attract patrons to Hart Gallery, Zoe placed the painting La Oropesa on exhibit at the foyer of the gallery. Anthony, an art lesson student, grabs the painting from the foyer and brings it to the room where the art lessons are taking place. Anthony wanted a huge swathe of red paint on his painting, so in a deliberate artistic flourish, he flicked his paintbrush resulting in red paint arcing as intended over his painting. Unfortunately, some paint also flew onto the La Oropesa. It was damaged beyond repair and is now unrecognisable. Zoe was very upset when she saw what happened. She immediately got hold of one of her sharp wooden chisels and pointed it dangerously close to Anthony's face, and shouted in anger, "What have you done?! You better get lost before I stick this in you!" Anthony, scared for his life, quickly dashed out of the gallery premises.

Meanwhile, while Zoe is at the Hart Gallery, her house was robbed of Jacob's sculptures. One of the stolen sculptures is a large abstract Tasmanian oak piece, which was taken to an auctioneer Tiana, who sold it to Alex. Both Tiana and Alex were completely unaware and unsuspecting that the item was stolen. Alex decides to chisel some protruding parts and paint the wooden sculpture. The alterations has not only made the piece more aesthetically pleasing, it has also significantly increased in value, as assessed independently by a local auction house.

Meanwhile, Jacob has returned from his overseas business trip. Jacob was excited to see Zoe to begin organising the shipment of his paintings and sculptures for his overseas exhibit. Jacob asked Zoe to get his art works so he could load them into the truck he rented for this purpose. Zoe unhappily narrated to Jacob what had happened.

Advise on the likely success of any intentional tort actions that may be available to the various parties. Must use relevant legislation and cases.

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