Question

Dan owns a florist business in Rushcutters Bay, New South Wales, called "Dan's Daisies".He has been doing well and would like to expand his business.He recently met Rosa who is the tenancy agent for Eastfield, a large shopping centre in Bondi Junction, and he hopes to lease a shop there.

On 1 February 2020, Dan met Rosa at Eastfield.She took him for tour of the mall and showed him a vacant shop on level 3 - shop 21-3. Rosa said, 'Here's what we have to offer. Eastfield is very excited about having another florist.It'll be ready on 10 March.Take a look at this and see what you think.' She handed Dan a glossy brochure entitled. "Welcome to Eastfield", containing photos and marketing material for the mall.The last page was a pull-out, with the heading: "Lease Proposal".It contained the following terms:

1.Premises - Level 3, Shop ____.20m x 8m shop with standard fittings.

2.Rent - TBA, but failing agreement between the parties, the amount is to be determined by a mutually acceptable mediator or senior counsel.

3.Commencement - March 2020.

4.Term - 1 year.

Underneath these terms there was a blank signature line.At the bottom of the page it said, "Contingent on formal paperwork".Rosa then said, 'There's a bit of interest, so have a think, and get back to me by 28 February.'

On 12 February 2020, Rosa sent Dan an email saying, 'How are you going with the paperwork?Shall we complete the agreement?'

On 25 February 2020, Dan signed the pull-out form, added the number "20" into the shop description (clause 1) and mailed it back to Rosa.However, due to delays at Australia Post, caused by Covid-19, it did not arrive until 9 March 2020.

On 27 February 2020, Dan entered into a binding agreement with Freya, a builder, for the fit-out of the shop in Eastfield, and he bought furniture, cash registers and other equipment for the shop worth about $20,000.

On 28 February 2020, Dan sent Rosa an email saying, "Very excited about his.Can't wait.I am getting the fit out ready."

On 3 March 2020, Dan arranged to move some of his equipment to the shop.Rosa was away, but he explained to security that he was an incoming tenant, and they let him drop some boxes of equipment off.

On 4 March 2020, on behalf of Eastfield, Rosa signed a formal lease agreement with Jane, letting shop 21-3 to her for a year.

On 10 March 2020, Dan turned up to Eastfield with his builder, Freya, only to be told by Rosa that it was too late.

Advise Dan