QUESTION 1
Chloe is a naturopath practitioner whose business is steadily picking up. Recently she has been thinking of opening a meditation studio in the leafy suburb of Burnside. She found a perfect place but before signing the 2 year lease with the landlord, she went to the Burnside Council to check if there were any building works scheduled to happen close to her intended premises as she needed a quiet environment for her meditation practice.
She spoke to the person sitting in the front desk attending to general enquiries and told him about her business and that she wanted to check before signing the 2 year lease. The council officer checked on the computer to see if there were any planning approvals close to Chloc's intended studio. While doing this he was called away to attend to another matter. Upon returning to his desk, he has a cursory glance at the screen and said "it should be fine".
Chloe signed the 2 year lease. 4 months after opening her business, big heavy machineries arrived at the property next door. When Chloe asked the workmen what was happening. she was told that they were doing a major renovation next door including knocking down a few walls.
The noise made it impossible for Ellen to continue her practice. With the on-going noise and the failure of her business Ellen is now suffering a nervous disorder.
Ellen has moved out of the premises and stopped paying rent. She wants to get out of her contract with her landlord as she is now no longer able to continue her practice. The landlord is threatening to sue Ellen for breach of contract.
Advise Ellen as to what she can do?
QUESTION 2
Bob purchased a woollen jumper from Clothes Galore in Adelaide. The woollen jumper was made by Southern Knitting Mills in their Victorian factory.
As a result of wearing the woollen jumper without first washing it. he contracted dermatitis as the jumper contained sulphite, which it was found had been left in the wool during the manufacturing process. The sulphite couldn't be seen on a reasonable inspection by either the retailer or the buyer.
Has Bob any remedy or remedies available to him under the Australian Consumer Law?