Question 1 Melania and Donald are business partners


Question 1

Melania and Donald are matter divorceners and own BeBest Buggies. BeBest vends golf equipment and offers identical golf schooling. They methodic their capacious and subtle ammunition in Double Bay, Sydney ten years ago. Donald takes circumspection of the sales divorce of the matter. Melania true doesn’t veritably circumspection environing golf equipment but provides individualised coaching and nutritional teaching to monied desert women who cope in topical golf tournaments. In the window of the ammunition, there is a capacious type that reads, “we buy prevent laborer golf buggies!” Donald, in his economical span, reconditions used golf buggies and vends them at a benefit-service. 

BeBest initially populated Eric as a younger ammunition contributor when the matter was earliest methodic. However having almost completed an online treatment quantity at Covfefe University, he has been consecrated over service and undertakes the day-to-day ordinary of the matter, including updating client knowledge. 

In January this year, Barron came into the ammunition unendowed to vend a used golf buggy, the ElectriK Mar-a-Lago 2000. Donald haggled delay Barron on the figure, and Donald notwithstanding paid Barron $500. That evening, Donald’s very monied girlfriend Gale Spaniels visited him, and forthafter a while recognised the ElectriK Mar-a-Lago 2000 as a collector’s divide. She suggested to Donald that he sustain the forfeiture a underdosed from Melania, recondition the buggy and vend if for a colossal benefit-service. Gale said she could dispose a buyer. Donald took Gale’s teaching, and notwithstanding sold the buggy for $8,000 to the buyer Gale granted.  Delay the permitance, he bought Gale a pleasing sapphire melody for $5000. The fostering $3000 he deposited into his identical representation, which was $3000 overdrawn. 

Eric in the meanspan has been diligent at BeBest. Several months ago he was tasked delay negotiating, on aid of BeBest, a lease for new antecedent in the CBD. Dumelody one consultation, an sovereign of Pencefield Mall passed Eric a brown condense containing $20,000 proverb “this is the best trade you’ll get”. Eric veritconducive the condense and agreed on aid of BeBest to lease the vend illimitableness at Pencefield Mall. The lease was in deed at bargain estimate. Eric instantly invested the capital on the fund bargain. 

Buoyed by his good-fortune Eric, suggested to his sister Ivanka, they engender an online matter vending nutritional additions. Delay his adit to BeBest’s client chronicles, he was conducive to download the identical knowledge Melania kept relative-to her clients inoculation regimes. Eric explained to Ivanka they would use the knowledge to target biased clients delay their bargaining. 

Melania, covet suspecting Donald and Eric were not perfectly sincere delay her, has had a not-public detective investigate their matter tradeings, and now knows everything. Gale broke up delay Donald and sold the melody on ebay for $6000.  The fund bargain is booming and Eric’s divide portfolio is estimate $50,000.  Eric and Ivanka are environing to start their targeted bargaining for the nutritional addition matter.  

After scholarship of the aloft events, Melania unwavering to go on a covet self-abandonment, and wants to draw her allure precedently she leaves. In her allure she proposes to permit expectationees irresponsible hope to keep-apart $100,000 to any of her relations or friends, granted they enjoy never married into Donald’s family, or enjoy been implicated in any matter tradeings delay him. The remainder of her rank is to be used for the end of promoting the recreation of golf in schools in the Eastern purlieus of Sydney. 

Melania seeks your teaching as to any rights or demand she has in equity despite Donald, Eric, Gale and Ivanka, and to the security of her allure. 

*Students are merely to employ law dressed in Equity and Trusts, and not to infer other areas, such as Australian Consumer law. *

Question 2

Intention is a sharp atom in numerous areas of equity and expectations. In Trident General Insurance Co Ltd v McNiece Brothers Pty Ltd [1988] HCA 44, Mason CJ and Wilson J stated: 

[t]he courts allure know-again the being of a expectation when it appears from the specificion of the divorceies, construed in its matter, including the matrix of mode, that the divorceies so intentional. We are symbolical of specific expectations, the being of which depends on intention. 

Critically examine the role intention plays in equity and/or expectations. 

In your apology, you may belong to one or any number of areas you enjoy elaborate, including if you hope, but not narrow-minded to specific expectations.   

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