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"Problem question for discussion: Torts - Terry
Terry Buckman is a builder and property developer. In July 2002 he purchased the old Commonwealth Bank premises at Gladeswood in Sydney. His plan was to apply to the local council to demolish the old Bank and build a new four-storey unit complex. His town planning consultant advised him that this development was permissible under local planning regulations, and that the correct procedure was to apply to demolish the bank first, and then, once the site is cleared, to apply to build the units.
Terry submits an application to demolish the bank on 12 August 2002. This application is strongly objected to by Wolfgang Hein, who owns Café Konigsberg, a popular eatery that adjoins the old bank building.
Despite Wolfgang's objections, Terry receives consent to demolish the old bank on 11 January 2003, and begins demolition work straight away. This generates a lot of noise and dust. Construction vehicles impede pedestrian access along the road in front of the café and the old bank. Wolfgang notices that there is an immediate decline in the number of patrons visiting Café Konigsberg. Daily income from the café is halved.
Wolfgang complains to Terry, who abuses him and tells him not to interfere. Wolfgang then complains to the council, who tell him that as Terry has a valid consent there is nothing they can do, except to tell Terry to stop blocking pedestrian access with his trucks, which council does on 16 January 2003.
After moving his trucks, Terry finds that that he cannot get equipment from the trucks directly to the site. He therefore installs a crane at the rear of the old bank site to lift demolition equipment from the rear laneway above the roof of café Konigsberg and onto the site. Terry thinks that this system works quite well. Wolfgang stops complaining about lack of pedestrian access, but continues to complain about the continuing noise and dust.
By 25 January the side of the old Bank closest to the café is cleared. However, there is a huge thunderstorm that night, causing widespread damage throughout the locality. The massive downpour causes a landslide on the cleared portion of the old bank site, so that the side wall and part of the roof of café Konigsberg suddenly collapse.
Terry is soon on the scene and orders his workmen to enter Café Konigsberg to transfer the coffee machine, cash register and all other mechanical equipment into the undemolished section of the old bank to protect this equipment from the continuing rain. By dawn a large crowd has gathered, including local media. An enraged Wolfgang arrives at 7:30am. Seeing the damage, Wolfgang tells reporters 'this is just what you expect from an incompetent builder like that low-life Terry Buckman'. Terry overhears these comments and demands that Wolfgang apologise and retract his comments if he 'wants his coffee machine back'. This is too much for Wolfgang, who charges at Terry and knocks him to the ground, breaking Terry's elbow.
The rain holds up for the rest of the week, slowing demolition work and preventing re-construction work on the café. The local paper reports Wolfgang's comments about Terry, who refuses to return Wolfgang's mechanical equipment, despite requests, unless Wolfgang publishes an apology. Being incapacitated by his injured elbow, Terry turns his attention to preparing his development application for the new unit block. However, in discussions about this application with council officers, Terry is informed that while residential units are permissible on the site, a height limit of three storeys has applied to the site since council passed new planning regulations in June 2002.
Your tasks:
Identify any torts that may arise from these circumstances. Also identify any action that Wolfgang or Terry can take in response to the torts.
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Crystal
2004-04-04 04:58 PM 发表 | 举报这个帖子 | 
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