Question
1.Xu Investments is the registered proprietor of a shop in Earlwood. Xu Investments executes a lease ofthe shop to Cameron for 5 years. The lease
1.Xu Investments is the registered proprietor of a shop in Earlwood. Xu Investments executes a lease ofthe shop to Cameron for 5 years. The lease is not registered yet. The director of Xu Investments, Ben, receives an offer to purchase the shop from Serene which is too good to refuse. He says to Serene, "I'll sell you the land but there is a tenant in the shop, with a 5-year lease."
Serene replies, "No problem, I am happy with that."
Xu Investments completes the contract with Serene and she becomes the registered proprietor. 6 months later she informs Cameron that she is terminating his lease and that he must vacate the premises.
Advise Cameron.
2. Robert borrows $50,000 from his sister, Ariel. He assures her he will be able to repay the money in a year. He offers her his investment unit as security for the loan. They draw up a formal agreement and sign it, but do not consult a solicitor. In nine months, Robert realises that he is not going to be able to repay the loan and so he transfers his investment apartment to his girlfriend, Felicia, for $1. She becomes the registered proprietor. Felicia has no idea about the loan to Ariel and thinks that Robert just loves her a lot.
Over a year has passed and Ariel wants to be repaid. As Robert does not have the money, she wants the apartment to be sold. Will she be able to force Felicia to sell?
Would your answer change if Felicia knew why Robert was giving her the apartment? What if Felicia then transferred the apartment to her mother, who knows nothing of the loan?
Please can you answer these questions with nsw case law and legislation nsw. this topic is property law specifically torrens system. Please dont write the answer like I don't what legislation applies tell me the specifics of what section of the act applies which case applies, dont write it like i dont know the topic like dont explain to me the concept, I already know the concepts i just need the specifics. Please go straight to the point when answering. Theres no trick just need a answer. Please if you can help me out that would be good.
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