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Dozey, a sole trader, is the owner of a very successful business called ‘Sleepy Head’ whichspecialises in selling mattresses and bed-ware. He has insured the business with Risk Ltdagainst fire, theft and the like in the sum of $1,000,000.Some five years later, Dozey decided to conduct the business via a corporate structure. Heincorporated a company called ‘Sleepy Head Pty Ltd’ which is validly registered with ASIC.Immediately thereafter, in February 2016, Dozey enters into a sale contract with Sleepy HeadPty Ltd which purchases the business from him. As consideration for the purchase price, thecompany issued the following to Dozey: a substantial block of shares as fully paid; and debentures for a further substantial sum secured by a mortgage over the company’sassets.After incorporation, Dozey caused the company to take out workers compensation insurancepolicy with Compo Ltd.A series of ‘bad luck’ accidents followed. In June 2016, burglars broke into the premises of‘Sleepy Head Pty Ltd’ and stole stock valued at $250,000. In July 2016, Dozey fell from aladder in the store while trying to retrieve some stock and injured his back. He has incurredsubstantial medical costs. As a result of the Global Financial Crisis, business has declinedand Sleepy Head Pty Ltd is now insolvent and under the care of the liquidator.The liquidator has rejected Dozey’s claim against Sleepy Head Pty Ltd in relation to theenforcement of the mortgage (security). Compo Ltd, which has underwritten Sleepy Head PtyLtd’s worker compensation policy, has rejected Dozey’s claim for payment of his medicalbills. Risk Ltd has also refused the insurance claim of Sleepy Head Pty Ltd to recover thevalue of the goods stolen.Advise fully, with reference to legal authority, whether Dozey can:(a) enforce the mortgage against Sleepy Head Pty Ltd; [5 marks](b) enforce the claim of Sleepy Head Pty Ltd against Risk Ltd to recover the value of thegoods stolen ; [5 marks] and(c) enforce his claim against Compo Ltd for the payment of his medical bills. [5 marks]
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