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Assignment Task :

Belle has bred horses for some 15 years and has been successful in both sales of them and showing them. Specifically, she breeds heavy horses like Shires and Clydesdales.

Because of the recent drought conditions, Belle has had difficulty with providing feed on her property at Samsonvale so she has been bringing in feed, mainly lucerne hay, to supplement the grass. This has been an expensive exercise. 

To reduce costs, late last year, she started to agist some of her bigger eaters to properties in northern New South Wales where good grassland is still available.

Belle has made some inquiries and found that the Bloomfield family of m=northern NSW have a suitable property and a good reputation in the industry. Belle visited the property and entered an agistment agreement (copy attached) with Bloomfield for her best horse a stallion called, Prancing Dancer (PD).

PD is a constant winner of shows and a sort sought after stud horse. He is valued at $45,000. 

PD commenced his agistment on the 5th November last year.

Belle instructs that she has been making monthly payments of the agistment fees and receiving regular updates on his health from Bloomfield.

She further instructs that she does undertake consulting work regarding her knowledge of the large horse breeds and was in late December asked to provide advice to Pacific Films which was about to commence shooting a movie about the history of Australian Gypsies in the late 1800’s. the movie is to star the Hemsworth brothers and Kylie Minogue.

Belle was asked to advise on the type and breed of horses that should be used to pull the wagons of the “gypsies” in the film. She was provided with a portfolio of photos of different horses that have been suggested.

To her surprise, one of the photos was of PD.

On inquiry with Pacific Films it seems that PD’s photo was provided by a horse stud near Byron Bay – Terror Creek Stud. 

Belle was very concerned as she thought PD was on agistment with Bloomfield. She visited the stud and confirmed that PD was there. On chatting with one of the strappers she found out that PD was on loan from Bloomfield to Terror Creek to be used as a stud horse for a number of terror Creeks mares.

Belle did not let on that she was the owner of PD to anyone. She is furious and has sent an email to Bloomfield requesting the return of PD. She has not let on that she is aware of the arrangement with Terror Creek. 

Bloomfield has been finding excuses not to return PD and recently has stopped responding. 

 

Please do the following:

  1. Provide me with a memo outlining our clients' position and what action she should take.
  2. Draft a letter of advice to Belle for my signature advising of her legal position and what you would suggest is her best remedy.

 

Instruction

  1.  Letter of Advice

In the first task, you are required to undertake a letter of advice to your client.  You will be provided with a copy of a memo from your supervising partner Bernard Shonk, of an interview with Belle Betray. 

You are requested by Bernard to draft a letter of advice to Belle with respect to matter(s) discussed.

 

  1. Memo of Advice to Partner.

The second stage of this assessment task will be a Memo of Advice to your Senior Partner Bernard Shonk based on the letter of advice provided.

You are to undertake the relevant research and provide Bernard with a detailed advice on the issues raised. You are expected to refer to legislation and precedent where relevant. Any such reference should be acknowledged by the use of Endnotes. Endnotes will not be included in the 3-page restriction

 

Whereby the Agistor agrees to agist the Owner’s horse or horses identified below (“the horse”) at the Agistment Property at 1246 Bloomfield Rd, Crossover NSW with the conditions set out below:

 

1. The Owner agrees to pay all the Agistor’s agistment fees and other charges as detailed below, which will be payable on receipt of the invoice.

2. The horse is at the Owner’s risk at all times. It is the Owner’s responsibility to ensure the horse and any progeny against all risks while they are at the Agistment property or being transported to and from the property. The Agistor shall not be responsible for any disease, accident, vice, illness or injury howsoever caused or arising to the horse whilst at the property or when transporting to or from the Agistment Property.

3. The Agistor must notify the Owner immediately the Agistor becomes aware that the horse suffers or has been in contact with any significant or notifiable sickness, disease or injury. 

4. Veterinary services for the horse and/or progeny may be provided at the discretion of the Agistor in consultation with the Agistor’s veterinarian. The Owner will pay all veterinary and other charges incurred while the horse is at the Agistment property.

5. The Owner gives the Agistor a lien over the horse and progeny for payment of the agistment fees and all other charges and expenses which the Owner must pay under this Agreement.

6. The Agistor agrees that the horse will not leave their property at any time during the agistment  without the written permission of the Owner

 

The services provided are as follows:

1. Paddocks;

a. The horse will be kept in large paddocks with a group of horses of similar age and/or type. Paddocks are fenced with electric fencing and sighter wire.

Shelter is provided via (fenced off) bush areas.

b. Paddocks are routinely fertilized and sprayed for weeds to ensure the best possible pasture to cater for the needs of the horse.

c. The horse will be rotated through a variety of paddocks with his/her group to ensure the availability of fresh pasture.

2. Water is provided via large water troughs that are gravity fed from a header tank. The water is sourced from natural springs located on the property.

3. The horse will be fed daily a vitamin and mineral mix with grain/pellets at a rate determined to be sufficient for the horse in its particular circumstance (ie pregnant

broodmare, weanling, yearling, etc).

4. Approximately every 6 – 8 weeks, the horse will be wormed and hooves will be trimmed. The costs of this will be charged to the Owner.

5. During periods of slow pasture growth, the horse is provided lucerne hay to maintain condition/growth.

6. In the event of illness or injury, a veterinarian will be called to treat the horse. Agistment fee/rate is $16.50 per day (inc GST) or $22.00 per day for mare with foal

at foot.

 

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