Assignment Task:

Nancy and her 17-year-old daughter Evelyn go on a weekend camping trip in the beautiful Blue Mountains State Park. They don’t check the weather forecast, as the weather the past few days, and on the day that they leave (a Friday) has been all blue skies and sunny. They do, however, take their usual wet weather gear in case it rains. They drive into the park and find a well-cleared and maintained camping ground set up by the Park for camping with eco-toilets nearby. However, there are already many campers there and, as they want plenty of space, they find a nice spot a little way outside the edge of the cleared camping ground area, near a huge and beautiful mountain ash tree. The ground is uncleared and wild, but they clear an area anyway and set up their tent there. Immediately behind the tree is a logging road which a logging company, Timbertop Pty Ltd, built the previous year to enable it to access a pine plantation area it is leasing from the State Park and operating. The road is significantly built up at that part of the road, and right next to the tree, to allow the road to pass over a dip in the terrain. That evening, after cooking dinner, Nancy and Evelyn, have quite a few beers together, even though the legal drinking age in NSW is 18 years old. They then fall happily asleep in their sleeping bags. That night, however, there is a major storm with heavy rain and unusually strong winds. At around 2 am, the mountain ash tree falls and lands partly across both their legs inside the tent, causing serious injuries to their legs. In shock, they call the ‘000’ emergency number and an ambulance is dispatched. The ambulance van takes the logging road as it has reported that the main road into the camping site has flooded. The ambulance reaches the area where Nancy and Evelyn are, and the two ambulance officers climb down the roadside embankment to get to the two women. They carry down a stretcher with retractable wheels (that tuck up into the stretcher, when not needed), which they normally use in city situations. They would normally have used their back-up lighter, basic ‘board’ stretcher without wheels in this situation. However, it is away being repaired at the time. So, they manoeuvre the wheeled stretcher (with wheels tucked up) down the embankment and manage to get Evelyn onto it and carry her back up the embankment into the van successfully. However, as they are carrying Nancy, who is significantly obese, up the embankment to the van, the stretcher wheels accidentally drop down and get stuck on a large rock. This jars the back of one of the officers, Bob, carrying the stretcher. He is later diagnosed with a slipped disk in his spinal column and is off work for six months. After that, he still has frequent lower back pain and his doctor thinks he may need surgery. Nancy and Evelyn suffer two broken leg bones each and will need extensive skin grafts on their legs to replace the damaged skin and muscle area. They are also both diagnosed with a form of acrophobia where they are afraid to go near a tree or any forested area. Nancy can no longer go to her place of employment as it is on a block of land with trees. Advise the various parties of their legal rights and liabilities, including possible remedies, under the law of negligence only, referring to any relevant cases and legislation. (15 Marks) QUESTION 2 Andrew graduated from Western Sydney University with a Master of Professional Accounting and now enjoys working as a Senior Accountant for a firm of accountants, Superior Accountants Pty Ltd, in George St, Sydney. Betty, who has a successful toy manufacturing business, is considering buying a smaller competitor toy manufacturing business, Toy Town Pty Ltd, that was up for sale in South Parramatta, to expand her existing business. She engages Superior Accountants to assess Toy Town’s business assets, liabilities, turnover and profit, and loss. Andrew is handed the project and starts by obtaining copies of Toy Town’s business accounts and financial statements. After discussing with the head of the firm, he also hires Valerie, a land valuer the firm sometimes uses, to assess the current market value of Toy Town’s factory premises, which Toy Town owns. Andrew informs Valerie that the valuation is part of an assessment of the entire Toy Town business that he was preparing for a client but doesn’t mention the client’s name for confidentiality reasons. Valerie completes her valuation. However, due to a typing error by her secretary, the valuation report, after setting out several pages of calculations, concludes, on the final page, with a statement that the value of the property is $390,000, rather than the correct figure of $310,000, which Valerie had determined the property was worth. Andrew includes the $310,000 figure in his financial report and attaches a copy of Valerie’s report as an appendix. 

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  • Posted on : February 27th, 2019
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