Question
Banko Tanaka, a Japanese martial artist, migrated to Australia in 2018 and now lives in Nundah. He decides that this is the ideal location to
Banko Tanaka, a Japanese martial artist, migrated to Australia in 2018 and now lives in Nundah. He decides that this is the ideal location to fulfil his dream and open his own dojo, where he will teach karate classes. A studio is available for lease at a local shopping centre, which is owned by Mosman Management Pty Ltd.
Banko meets with Jason, the manager of Mosman Management, to discuss renting the studio as a karate dojo. During the meeting, Jason notices that Banko is not fluent in English and has a limited understanding of business and financial matters. Jason advises Banko that there are many people interested in renting the studio, and if he wants to secure the lease of the studio, he will need to sign a lease agreement within 24 hours. Banko has trouble
reading and understanding the complex lease agreement, however he signs the agreement and returns it to Mosman Management. Unbeknown to him, a clause was inserted into his lease agreement stating that his rent would be $3,500 per month, which is 25% higher than what the other tenants in the centre are charged.
Advise Banko as to whether Mosman Management Pty Ltd has breached any provisions of the Australian Consumer Law (ACL) 2010 and the supporting common law with respect to the lease of the studio. What remedies (if any) are available to Banko and ACCC under the ACL?
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