Question
Ted was also the person involved in signing a lease agreement with Max Property Pty Ltd on behalf of Zamberro Pty Ltd. The contract price
Ted was also the person involved in signing a lease agreement with Max Property Pty Ltd on behalf of Zamberro Pty Ltd. The contract price was $300,000 as it is a twenty-year lease contract. He signed the contract in 2020 and the company was registered in June 2021. Since registration of Zamberro, Ted had been in the USA where he stayed to complete his law degree. Zamberro did not have any contact with Ted for the last few years and the directors during the time searched for more suitable land around Perth Regional area to construct a new factory for the company. Finally in early 2023, directors of Zamberro decided to purchase a new land with a cheap price on behalf of the company. Ted has recently received a written agreement from the vendor of the land in which Ted put a signature as the agent of the yet to be formed company in 2020. The vendor made a legal demand of the land price from Ted. In the notice, the vendor claimed that Ted must pay the price of the land as Ted had the intention to make secret profit by purchasing the land from him. This is because the land had to be in fact purchased by Ted as he signed an agreement for sale of the land with Max Property Pty Ltd. However, as the land price went up, rather than purchasing the land for himself, Ted purchased the land for the yet to be formed company, Zamberro. Ted did not want to comment on this since he did not want this to expose to anyone. Members of Zamberro think that they should remove Ted as a director or seek remedies from Ted. Ted thinks that he is not liable to pay the price of the land as he purchased the land for the company.
With reference to case laws and sections of the Corporations Act 2001 (Cth), advise whether Max Property Pty Ltd can enforce the lease agreement against Ted and whether Zamberro can claim anything from Ted.
Use the 4-step process.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started