TLC LAWYERS

121 Circuit Lane, Robina QLD 4226

Ph: 07 8895 2068 Fax: 07 58895 2069 Email: admin@tlc.com.au

Date: 29/10/2020                                                   Our ref: 

Your ref: «client ref number»

j.barber@megastar.com.au 

 Dear Mr. Barber,

RE: INSTRUCTIONS REGARDING YOUR CAUSES OF ACTION

Further to your instructions of 16/10/2020, we have considered your circumstances and advise on the likely outcome of your dispute with Darryn, Chris, and the land seller.

We note your instructions that:

  1. To analyze your liability with regards to the damage of the trailer.
  2. To assess the liability of Chris with regards to the loss of your trailer.
  3. To assess your claim on fixtures and fittings on the Havana property.

In general, your issue relates to property rights. The advice we will give you will relate to each of these instances. The law in each of the three allows you to sue. In the first case, you are not liable to repay for damages. In the second issue, you could file suit against Chris for the loss of your trailer. In the third case, you can sue for the fixtures’ return and fittings removed from the ‘Havana.’

In the first issue, you will not be liable to pay for damages to the use of the trailer to Darryn. This is because he had misled you as to the actual weight capacity of the trailer. The tailer’s chassis’ loading and subsequent damage was no fault of your own as the actual weight limit was misrepresented. You can alternatively seek to sue for deceit as his false information has led to damage to your furniture.   

In the second issue, you may be able to seek sue for the loss of your vehicle. You can sue Chris and hold accountable even though the trailer was stolen in another garage. You had left the trailer under his care. In law, this is considered a bailment. He has possession of your trailer and cannot transfer it. He had a legal responsibility to return the trailer in the best condition. He was later transferred to your cat elsewhere without your consent. This led to the loss and theft of the trailer. Your trailer was under his care, and he had an obligation to return the trailer to you. He has lost the trailer and has not done as per your agreement. You can therefore sue him for the loss of the trailer. 

Concerning the fixtures and fittings, the law is clear that fixtures form part of the land. They hence transfer when the property is sold, or ownership is transferred. Whoever owns the land owns the fixtures on the earth. The sale of the Havana land means you, as the new owner, are the owner of all those affixed things on the earth. The anchor and the affixed lantern have been on the property for an extended period; it is affixed in the land as half of the anchor is rooted in the ground. We also note that the contract signed by you and the seller provides that the fixtures and fittings are part of the land. The seller removed lanterns, bridges, and even the anchor. This was a clear breach of your agreement, and hence, you can sue to return the property taken.

Conclusion

Based on your interest in achieving your aims in this matter, we suggest that you sue all three instances and persons. In all three, you have an opportunity to sue and get a favorable outcome. Should you wish to go forward with these actions, we are happy to advise and provide counsel with the relevant process.

We look forward to further instructions.

Yours faithfully

TLC Lawyers

Per: 

Dan Travis

Partner

 

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