2009年1月13日 星期二

澳洲的考題

有沒有人想動手用台灣觀點解解看呢

Question
A Brisbane accounting and business management partnership Shaw, Sen & Tsang Partners (“SST”) as part of its pro bono community activities, manages the financial affairs of a private not-for-profit group of three High Schools, Brisbane Private, on an ex gratia basis, i.e. for no charge. Brisbane Private had buildings valued at $25 million and investment funds of $15 million. In 2007, SST Partners:
a. Somehow forgot to renew the insurance of a Brisbane Private building valued at $5 million. It then suffered serious damage due to an arson attack by unhappy students and cost $250,000 for repairs. Meanwhile it cost Brisbane Private (i) $50,000 to lease an adjacent commercial building complex for classes and (ii) $50,000 in lost income under contract from hiring the building out at weekends to The Brisbane Hillsong College, a private college of the performing arts.
b. Invested $2 million of Brisbane Private’s funds it was managing in a risky local property trust, Dermott-West. Three months later Dermott West went into compulsory liquidation, with Brisbane Private losing $1 million. Dermott-West had been the subject of ongoing bad publicity for several years and had been dropped from an investment guide that almost all Australian accounting and business management firms including SST, subscribed to.

Required
(a) Advise SST of its liability (if any) to Brisbane Private under Australian tort law, both at common law and under the Civil Liability Act 2003 (Qld).
(b) Discuss avenues for limiting or entirely excluding SST’s potential liability under Australian tort law in relation to its unpaid professional work for Brisbane Private and any other similar not-for-profit groups that it is engaged with.

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