Question
William, a disabled individual residing in Casuarina, suffered severe injuries in a past motorcycle accident. The compensation he received not only allowed him to purchase
William, a disabled individual residing in Casuarina, suffered severe injuries in a past motorcycle accident. The compensation he received not only allowed him to purchase a home but also provided him with additional funds for investment. Coupled with benefits from the Department of Social Security, this ensured a liveable income for William, who relied on welfare services for his daily needs due to his wheelchair-bound condition and limited social circle. Over time, his isolation led to depression, leading him to turn to alcohol and cannabis, eventually developing an addiction.
Sona, an unemployed single mother, supplemented her income by selling cannabis in the Casuarina area. She struck up a friendship with William, initially selling him cannabis but gradually becoming a regular visitor and providing him with assistance in various forms, from shopping to managing bills and investments. William developed strong feelings for Sona, although a romantic relationship was not possible due to his physical limitations. He confided in her and eventually lent her a substantial sum of money, believing it would help her secure housing and prevent potential homelessness.
However, after Sona purchased a home unit in Stuart Park, her behaviour towards William changed drastically. She distanced herself, resumed her previous relationship without William's knowledge, and denied that the money he gave her was a loan, stating it was a gift and refusing to repay it.
William's brother has brought him to your legal firm. They have requested general advice as to whether there is any basis on which William could get some redress against Sona.
Your team leader has mobilised a panel of the firm's lawyers to review and consider the case to brief him to advise William. Your team leader has asked you to put together a report on what doctrines of equity or remedies, if any, are applicable in the circumstances and, if any, in what way they apply and why?
Would your response differ if William had engaged in fraudulent activity, such as concealing assets, to meet eligibility requirements for Social Security benefits?
Draft the report
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