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2 Fatal traffic crash, Gundiah, July 30 A 45 yr-old man has died fol- lowing a single vehicle trafc crash at Gundiah this after- noon. The vehicle was trav- elling along Emerys Bridge Road at around 4pm when it left the roadway and impacted with a tree. The driver and sole occupant of the vehicle was pronounced dead at the scene. Fatal trafc crash, Brisbane City, July 31 Around 11.30pm a taxi travel- ling on Queen Street collided with a motorcycle travelling on Ann Street. The rider, a 47 yr- old man, was transported to RBH where he later died. Fatal trafc crash, Elimbah, July 31 A 31 yr-old man has died fol- lowing a single vehicle crash at around 7.15pm. The man was travelling east along Twin View Road, approaching the intersection of Beerburrum Rd, when he left the road and collided with a tree. Fatal Trafc crash, Bundaberg, August 1 At around 4.50pm a motor- cycle and car collided at the intersection of Mt Perry and Moore Park Road. The rider, a 41 yr-old man was trans- ported to Bundaberg Hospital with life threatening injuries, and passed away a short time later. A 41 yr-old woman was also transported to Bundaberg Hospital with minor injuries. Fatal trafc crash, Wakerley, August 3 A 36 yr-old man has died fol- lowing a single vehicle crash along Tilley Road at around 9.40am. The man was pro- nounced dead at the scene. Serious trafc crash, Towns- ville, August 4 Just after 3pm a motorcycle travelling up Mt Stuart Road collided with an on-coming tri- cycle. The rider of the tricycle, a 22 yr-old man sustained se- rious injuries and was trans- ported to Townsville Hospital for treatment. The rider of the motorcycle was unharmed. Mark Robert and Kellie yrrell who bought a home from Lisa McNab in 2002. McNab Constructions had built the house on the land for Lisa in 1998-99. By 2013 – more than 10 years aer the purchase and 15 years following the home’s construction - Mark and Kellie had discovered that some of the building works had not been ap- proved and was non-com- pliant with code. Tey sued the former owner and the builder alleging a breach of “duty of care”. In July 2013 the District Court at oowoomba struck out the Statement of Claim on the basis that it did not disclose a cause of action. It allowed the homeowners to re-plead their case. Tey appealed the lower court nding that the par- ticulars of their “pure eco- nomic loss” claim, were insucient in that they be required to show something on the part of the builder of in the nature of “concealing” a defect and also some “vul- nerability” on their part. Te appeal judges rec- ognised the potential duty owed by a home builder to subsequent owners for defects that might cause a diminution in value of the home when the defects be- come “manifest”. hey noted the many elements requisite for the establishment and breach of such duty, all of which must be included in the pleading. Tese include the subse- quent buyers’ actual reliance upon the skill of the former builder; or that the builder assumed responsibility for the building work to a sub- sequent purchaser. It was also essential to plead that “the defects were not manifest or discover- able by reasonable inspec- tion when they purchased the property” and that the loss they sustained was foreseeable. Te owners were given the opportunity to re-plead their case which will likely come before the court in 2015. Builder sued for home faults 15 yrs later E mily Navaei hired a so- licitor to conduct her acquisition for $206k of a leasehold franchised 7-Elev- en business in March 2007. Te deal was subject to her 7-Eleven franchise ap- proval and payment to it of $90k for establishment and application fees. She consulted lawyer Hakki Sayan, who examined the documents including a lease in favour of 7-Elev- en, expiring in September 2008, but which had been described as including a six year renewal option. Te renewal terms were in fact successive options for two further terms each of three years. Settlement on the Bir- wood heights(Sydney) busi- ness occurred in May 2007. 7-Eleven exercised the rst option expiring in Septem- ber 2011 but decided not to exercise the second option. In April 2010 Emily’s at- tempted sale of the business fell through when she real- ised for the rst time that the lease was to expire the following year. 7-Eleven terminated the franchise in March 2011. Emily sued Sayan, as- serting he should have in- serted a provision compel- ling 7-Eleven to exercise all options and should have advised her not to proceed with the purchase, if 7-Elev- en refused. Te solicitor conceded he made no mention of the obvious nancial risk in- volved in paying $206k for a business with guaranteed tenure of 18 months only. When the matter came before the NSW Supreme Court, he confirmed he had done no more than ex- plain the legal effect of the document and left it to the buyers to decide whether they wanted to go ahead or not. Emily had – he claimed – expressed condence in building up the business to make it “suciently attrac- tive to 7-Eleven to exercise its options”. Te issue for decision by Justice Stephen Campbell was how far the solicitor was required to guide the buyer when the right to carry on the business was essentially at the pleasure of a franchise owner. Sayan was, he ruled, entitled to have formed the view that Mrs Navaei was a person “of signicant com- mercial nous and sophis- tication”. She had aer all conducted her own research of 7-Eleven franchises and made her own extensive en- quiries. hese consideraJudge Campbell ruled that a rea- sonable solicitor in such circumstances would have not taken the precautions suggested. Reasonable care “did not require Sayan to slav- ishly follow steps that were of no practical utility in the circumstances of the present case,” the court de- cided. Emily’s claim was dis- missed and she was ordered to pay her former solicitor’s legal costs. 7-Eleven declines renewal option Buyer sues solicitor on unexplained deal risks Second owner brings claim Some defects may only come to light years later Audrina Patridge helps 7-Eleven celebrate its 86th Birthday with a party at a Private Malibu Beach
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