Case study 2

Li lives with her husband Tony in Geelong. They have been living happily together in a jointly owned home for the past 7 years. In the last nine months, their relationship has gradually deteriorated, partly due to the fact that Tony has been working in New Zealand for 3 weeks of a month. Li is certain Tony has been seeing somebody else in New Zealand, because recently he had stopped calling and texting her daily, which he had done faithfully since they first met. On one of Tony's return visits to Melbourne, Li tells Tony she is unhappy and that they should separate for awhile, so she can think things through. Tony also feels that things have not been going well since he started working in New Zealand so he agrees that Li should move out of their shared home for awhile. Two weeks after Li moves out, Tony calls Li from New Zealand to ask her if it would be ok if Li checked on their shared house weekly to clean the pool and start his car. Tony tells Li that he would be happy to pay her $200 a month to check on the house twice a week while he was away. Li agrees. Despite this amicable agreement, Tony continues to call and message Li infrequently.Li does however, check on the house twice weekly, cleaning the pool and starting Tony's car on each occasion when he was away. Three months later, Li decides that her relationship with Tony has not improved since she moved out and that she would like to end their relationship. Li would like to claim the $600 promised by Tony for checking on the house. Tony does not think he should pay, as it is their shared home and Li had a duty to ensure the house and contents were in good order.

Advise Li.

Please use relevant case law to support your answer.