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ANSWER WITHIN 30 MIN Cyral and Amira are cousins. Amira is a soware engineer and Cyral is in construcon management. They have shared a passion
ANSWER WITHIN 30 MIN
Cyral and Amira are cousins. Amira is a soware engineer and Cyral is in construcon management. They have shared a passion for geng involved in innovave projects. In 2021, Amira approached Cyral with an idea for a new type of 3D printer for housing construcon that would use an embedded AI algorithm that Amira claimed had the potenal to transform the way housing could be designed and built on site with huge cost savings in materials and labour. Amira said she thought the product would have huge applicaon in addressing the supply of affordable housing in Australia with opportunies for government contracts to supply affordable housing dwellings. Cyral told Amira he liked the idea and its potenal while secretly considering the wider profit implicaons of the device. Cyral told Amira, 'Well, like in the past you will bring your engineering skills and knowhow and I will bring my business acumen and experience and we can both contribute some upfront capital.' Amira said despite their history of undertaking projects together and trusng each other due to their family connecon, she thinks that their joint venture on this project should be underpinned by an agreement. An agreement is draed by Amira's solicitor and contains the following clauses: Clause 1 The pares agree to split the gross profit 50/50. Clause 2 The pares commit to mutual obligaons and dues to each other in undertaking the project. Clause 3 A joint bank account will be established, and the pares are permited to withdraw funds from the account for project related acvies. Amira and Cyral both contributed $50,000 dedicated startup funding into the joint bank account with Trust bank. In late 2021 Amira withdrew $20,000 to purchase inial hardware and soware for development on the new 3D-printer. By June 2022, Amira had spent 6 months working evenings and most weekends on the 3D printer and had even taken annual leave from her engineering firm to work on the project. In November 2022 Cyral experienced some cash flow difficules in his business and emailed Amira that he needs to withdraw $10,000 to pay out a pressing debt. Actually, he needs the money to make the last payment on a kitchen renovaon for his apartment which was completed last month. Cyral doesn't hear back from Amira but as she is usually slow to reply to emails, he decides to go ahead and withdraw the money anyway from the joint account at Trust bank. By April 2023, Amira has developed a prototype of the 3D-printer and file shared with Cyral a short YouTube recording of the 3D-printer being tested. However, she forgets to change the sengs to private before file sharing the recording and also did not menon a very minor glitch detected during the tesng. Aer reviewing the video and realising the recording can be publicly shared, Cyral decides to upload it to his private company's website (Property Futures Pty Ltd) to gauge customer interest.There is no reference to Amira's involvement in the 3D-printer on the Property Futures' website. By the end of the week, Property Futures Pty Ltd has signed up mulple buyers including the NSW Department of Housing with advance payments totalling $200,000. Last week Amira was checking the joint account at Trust bank and has discovered the withdrawal by Cyral and when watching YouTube last night she saw an advert for her 3D-printer from the Property 5 Futures' website. She is very angry and upset and wants to take acon to recover what she believes she is entled to.Required:
Advise Amira of her equitable rights and any equitable remedies she may have against Cyral, and or Property Futures Pty Ltd arising from the events. In providing your advice to Amira you are required to support your discussion with appropriate caselaw authority or legislaon that you have studied.
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ANSWER Amira may have several equitable rights and remedies against Cyral and Property Futures Pty Ltd based on the events described Firstly regarding ...Get Instant Access to Expert-Tailored Solutions
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