John Joseph Case Study - Southport Capitalists Pty Ltd Case Study - Law Assignment Help

Assignment Task :

QUESTION 1

Southport Capitalists Pty Ltd (SC) was the registered owner of a block of 4 shops located at Robina on the Gold Coast, known as “Central Place.” SC in November 2019 decided to sell Place and appointed Tasha as its agent to find a buyer. The following tenancies and  encumbrances existed over the property:

Shop 1 – an unregistered lease granted to Bart from 30 December 2016 expiring on 30 December 2019. The lease also contained a 1 year renewal option.

Shop 2 – an unregistered one-year lease granted to Cory from 20 January 2019 with 2-year renewal option.

Shop 3 – a registered lease granted to Danielle from 15 February 2018 for a term of 3 years with a 3-year renewal option.

Shop 4 – an unregistered lease granted to Mandy for 2 years from 30 January 2018 with a 3-year renewal option.

QUESTION 2

A. Jordan Thompson is the sole director of Thompson Pet Foods Pty Ltd (TPF), a manufacturer of high-quality dry pet food. Business had been steady until the range of TPF’s food was featured on a very popular primetime television show Pets R’Us.Enquiry levels from retailers has increased 5-fold. Usually TPF operated on a cash on delivery (COD) system with their customers however due to the increased enquiry rate there has been demand for TPF to offer credit terms.Jordan wants to take advantage of this increased interest but is concerned about her position should a customer not pay or become insolvent. She has an existing term of trade document that she has customers acknowledge (it is printed on the reverse of the invoice) but it only covers matters such as at whose risk the product is and TPF’s return policy.Jordan has asked if you would draft a clause to be included into the terms of trade that will provide her some level of security. Further she has requested that you provide a step by step advice as to what she should do to maximise the security position of TPF.

QUESTION 3

John Joseph (John), 60 years of age, is retired and the owner and registered proprietor of land situated in Brisbane. 

John is planning an overseas holiday and while his car was parked in the Brookside Fitness Centre carpark a folder containing his travel plans and his passport together with his wallet was stolen.

This was a concern to John as he is scheduled to leave on his holiday in seven (7) days.

The documents have been stolen by Tony, 37 years of age, who takes the passport and drivers licence adheres his photo to the originals and colour photocopies them.

He then approaches “Last Resort Loans” a financier who deal with clients who have been

unsuccessful with the major banks. Tony holds himself out to be John and provides the colour photocopies as his proof of identity. 

Last Resort Loans agrees to a loan of $400,000 secured against the property in Brisbane, signs the documents with Tony, lodges and registers the mortgage over John’s Brisbane property.

Tony has the money deposited to an account he controls and disappears interstate.

John on return from his holiday receives a letter from Last Resort Loans welcoming him as a borrower and offering its other services. On making enquiries he becomes aware of the fraud that has been committed against him and the current registered mortgage over his Brisbane property.

Advise both John and Last Resort Loans as to their respective rights in this circumstance and what assistance, if any, the Land Title Act provides.

This Law Assignment has been solved by our Law Experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style. Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.