Janice and Emily then shook hands, exchanged phone numbers and email addresses, and went their separate ways. Janice, thrilled with the opportunity to finally build a block of flats in Newtown, subsequently arranged a significant loan from her bank to finance the planned project, using another project she was currently developing in Parramatta as the security for this loan. She also contacted an architect, and instructed him to prepare five sample designs for apartment blocks which might be suitable for an inner-city site. Janice paid the architect $25,000 as an up-front fee for these services.

A week before the day appointed for settlement, Janice sends an email to Emily in which she writes:"Dear Emily Just confirming our appointment at the Land Titles Office next week to finalise the sale of the Newtown block. Look forward to seeing you then. Janice."

Emily immediately repliesalso via email: "Dear Janice, thanks for the email. I have some news regarding the sale of the land, but I will meet you as we agreed to explain. Yours, Emily."