HYPOTHETICAL PROBLEM

Answer the following question using the Issue, Law, Application of Law and Conclusion (ILAC) format.

QUESTION (30 marks)

Amaroo Yunupingu lives in a remote Indigenous community. He has an interest in moving to Wulagi, one of the most popular Northern Suburbs in Darwin. Avant Developments owns the local Wulagi Shopping Centre.

Amaroo attends an appointment with Steve Jones, a representative of Avant Developments, to enquire about the hire of a kiosk at the Shopping Centre to run an Indigenous food outlet. It becomes apparent to Steve that Amaroo speaks an Aboriginal language, understands only limited English, is not an expert in business and financial matters. Steve states that a vacant kiosk is available in the Food Court however, Amaroo is required to sign a 30 page lease within 24 hours as kiosks are in demand. Amaroo does not understand many of the complex terms used throughout the lease but nevertheless signs the document. Unbeknown to him however, a term is inserted into his lease stating that he would be charged a rate of rent 30 percent higher than that of all other occupants in the Food Court. Furthermore, Steve fails to mention that two months into the lease, the Food Court will be closed for refurbishment for six months. All other tenants in the Food Court are advised of that fact.

After visiting Steve, Amaroo walks to the train station in Paradise Palms in Wulagi to travel to his friend Eugene’s place in Darwin city. It is a rainy day. Darwin Rail has recently untaken some renovation to the railway station in Paradise Palms and the paint applied to the edges of the stairs makes the stairs dangerously slippery when wet. There is no warning sign at the staircase. Amaroo slips and falls whilst walking down the stairs. He fractures his ankle and aggravates a pre-existing lower back injury, which restricts his mobility. When he was walking down the stairs at the railway station, he was holding a 2 kg bag of native cocky apples in his left arm while also receiving a phone call from his friend Eugene who was waiting for his arrival.

After the injury, Amaroo is hospitalised for six months and is unable to work at the food court during this time. As a result of his injuries and the unexpected medical expenses, Amaroo develops severe anxiety and depression. To alleviate his depression, he engages in online gambling which later develops into an addiction. Unfortunately, he recently loses $30,000 from gambling.
PART A:

Advise Amaroo as to whether Avant Developments has breached any provisions under the Australian Consumer Law (ACL) 2010 with respect to his lease of the kiosk at the local Wulagi Shopping Centre. What remedies (if any) are available for Amaroo under the ACL? (15 Marks)

PART B:

Advise Amaroo as to whether Darwin Rail is liable for his injuries and the loss of $30,000. Make reference to relevant case law and the Civil Liability Act 2003 (Qld) in your answer. (15 Marks) In your answers, DO NOT discuss liability under the principles of law of contract.