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Eastern Pacific Pty Ltd ( Eastern ) has developed a large new shopping centre near Bowral, New South Wales. Elite Pty Ltd ( Elite )
Eastern Pacific Pty Ltd Eastern has developed a large new shopping centre near Bowral, New South Wales. Elite Pty Ltd Elite is interested in opening a speciality evening wear store Simply Dazzling in Easterns shopping centre. Simply Dazzling will sell and rent evening dresses, ballgowns and tuxedos to customers. In January Elites CEO, Michelle Wang, began discussions with Easterns CEO, Rhett Butler, about the possibility of Elite leasing a section of Easterns shopping centre to operate Simply Dazzling. Easterns offices are in the Sydney CBD Michelle travelled to Sydney for several inperson meetings with Rhett between January to May By May, Michelle and Rhett had reached agreement about all the main terms relating to the proposed lease, including the annual rent, the rental term years, with two sevenyear options of renewal the exact area of the site to be occupied by Simply Dazzling, and the location of the store within the shopping centre. At a meeting on May, Rhett advised Michelle that, we have a deal. you can ask your lawyers to prepare the formal documents. In early June, Elites lawyers sent the written lease agreement to Rhett who would sign on behalf of Eastern. The agreement had already been signed by Michelle on behalf of Elite. In midJune, Elite began incurring substantial liabilities of around $ to third parties in the expectation that it would soon be able to operate its intended Simply Dazzling store at Easterns shopping centre these liabilities included contracts with clothing wholesalers in Asia and a major advertising contract In late June, Michelle emailed Rhett to advise him that Elite had begun incurring major expenses in connection with the store and advised him to sign and return the agreement as soon as possible. Rhett did not reply to Michelles email. Rhett did not sign the lease agreement. Michelle had tried to phone Rhett several times in July and August but he did not answer her calls.Advise Michelle whether Elite can take any legal action against Eastern.
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