The supplier of this kind of laksa paste is Asian Merchant Co Ltd which is registered in Brisbane and is listed on the Australian Securities Exchange. Mrs Lee is a migrant from Malaysia and is well-known for being an excellent cook among her friends. She often entertains her friends at her home with her specially cooked Asian food. Mrs Lee invited five friends to her home for dinner on the Australia Day; she used one of the two opaque glass jars of Yummy Thai laksa paste which were given to her as gifts one month earlier by her best friend, Mrs Kamarul. One of the guests for dinner is Mrs Lee’s next door neighbour, Mrs Kelly, who recently migrated from Ireland and has never tried laksa before. To show her friendship, Mrs Lee invited three of her Asian friends and her new neighbour for dinner. Everybody was so excited about the opportunity to try Ms Lee’s prawn laksa noodles, especially Mrs Kelly. Everybody enjoyed the noodles. However, when the dinner was about to finish, Mrs Kelly found something black floating in her noodle bowl. She was shocked when she picked up the black thing – it was a dead fly! Mrs Kelly screamed and started vomiting. The other guests all start vomiting. Ms Lee felt embarrassed. That night Mrs Kelly could not forget this unpleasant experience and could not sleep well for several nights. This triggered her depression which she developed two years ago and as a result she was hospitalised for three days. When she was discharged, she was told that she had to visit her psychiatrist more often and the relevant costs would not be covered by Medicare. Mrs Lee did not sleep well either for several nights. She felt that she had lost face and her reputation as an excellent cook had been tarnished. Questions: (i) Who is a ‘consumer’? Which of the following can sue as a ‘consumer’ – Ms Lee, Mrs Kelly, and/or Ms Kamarul? Use the relevant case law and/or legislation to support your answers. (10 marks) (ii) Who is legally responsible, ACGS or Asian Merchant? Use the relevant case law and/or legislation to support your answer. (8 marks) (iii) What remedies is Mrs Kelly likely to seek if she can sue as a ‘consumer’?

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