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Penny, an international student, is a highly motivated student. Penny excelled in all her exams
and won prizes for her excellent academic results her Master of Taxation courses at University.
She wants to use her technical tax knowledge to set up her own business as a professional tax
advisor.
Penny has graduated and got her permanency residency visa to live in Australia. Penny,
however, has limited personal finances to cover all the start-up expenses for her new tax
advisory business. Property in Sydney is expensive to buy and also expensive to rent. Penny
knows that she will need some financial help to pursue her career ambitions.
Penny lives in Redfern with her aunt, Mrs Havealot, who is happy to help Penny with her career
ambitions. Mrs Havealot owns a commercial store in Redfern, that has been vacant for two
years. She agrees to lease this store to Penny for 4 years at a discounted rent that is below the
market rate. Penny happily accepts the offer.
The store at Redfern was previously used as a local pizzeria. The store has a very large pizza
oven fixed to the wall. The store is not suited for any other purpose unless renovations are made
to convert the store for use for other business purposes. Penny discovered, however, that it
will still be cheaper for her to renovate the rental store and lease it than to seek another rental
store elsewhere in Sydney.
Penny asked her aunt for a copy of the lease document so that she could sign it and secure the
rental store for her use before she spent money on renovating the store. Meanwhile, Penny got
a few quotations from builders to renovate the interior of the store so that it can be used to
conduct a tax advisory practice.
The average quote for the renovations received by Penny was in the amount of $50, 000.
Luckily, she has some personal savings and was able to borrow the rest of the money from her
friends to pay for this large renovation expense.
Penny reminded her aunt to give her a copy of the lease document to sign. Mrs Havealot said
to Penny We are family. Go ahead and do what you have to do to improve the rental store,
2
my solicitor will email you the lease document for signature shortly. Dont forget, we are
family and families always look after each other.
Thus, Penny selected the cheapest quote for the renovations and then went ahead and paid the
builder $45, 000 after the renovation work at the rental store was finished.
A month later, after her conversation with her aunt and the completion of the alteration work,
Penny still has not received the lease document for her signature.
After further requests, Mrs Havelot said to Penny All lease documents have to be signed to be
legal binding. There is no signed lease document by me, therefore there is no contract. I am
going to offer this rental store to Mr Rich who is prepared to pay me three times the rent.
Return the store keys immediately. See you later and have a good day.
Penny is advised that all lease documents has to be sighed to be binding. Penny distressed at
this news and at the fact that she had just spent $40,000 to renovate the rental store. She is now
penniless.
With reference to relevant principles of contract law and relevant precedents studied in this
course, advise Penny of her legal rights.
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