An apartment block development called "Bayview" was being built in Randwick, New South Wales by Concrete Boot Developments Pty Ltd (Concrete).

Before the development was completed, Jenna visited the display unit on 1 June 2019 and selected from the plans Unit no.1-12 on the ground floor. She signed an "Acknowledgement of Selection of Unit" form handed to her by Carly, the agent of Concrete Boot Developments. Carly had handwritten into relevant spaces on that document "1-12 - Bayview" and "$400,000" and Jenna's personal details. It also contained the entry "Inclusions", next to which was written "? - vendor to choose".

At the same time Jenna and Carly had the following conversation:

Jenna: "I don't have any cash to pay a deposit. But I can get my brother to pay you $60,000 in redeemable vouchers."

Carly: "I don't know if we can accept them as a deposit. I'll get back to you within a week if there are any problems. And our lawyers will send you a standard contract for sale with the usual other details and a settlement date."

Jenna: "Great. I'll have to get finance I am happy with."

Carly: " "OK."

Jenna was excited about the purchase. She put in three loan applications and left for Perth the next day and did not return to Sydney until 1 July 2019.

While she was away in Perth, on 8 June, Jenna purchased a dining table and curtains to place in the new unit and also met Brad, and agreed with him that he could rent one room of the unit from the date of settlement.On 10 June, Jenna sent Carly a postcard saying, "V excited about the unit and I've found a tenant. See you when I get back."

The block of units was completed on 20 June 2019.

Upon Jenna's return on 1 July 2019, she had received one offer of finance, but it offered interest at 10% above market interest rates.

On 10 July 2019 Carly contacted Jenna and told her that due to a run in the market, the price of units had now increased to $600,000 if she still wanted one.