2021 Autumn LLB2220_LLB 220 Exam REMOTE Wollongong_SWS - final

.pdf

School

University of Wollongong *

*We aren’t endorsed by this school

Course

220

Subject

Law

Date

Apr 3, 2024

Type

pdf

Pages

4

Uploaded by MasterMask4814

Report
2021-06-14 LLB2220/LLB 220 Wollongong & SWS campuses Autumn 2021 REMOTE Page 1 of 4 School of Law Faculty of Business and Law LLB2220/LLB 220 Property Law/Property Law and Trusts A Wollongong and SWS campuses Examination Paper Autumn 2021 – Remote Delivery Exam duration 3 hours Weighting 50% Items permitted by examiner OPEN BOOK – any reference materials permitted Aids supplied Nil Directions to Students 1. This paper contains 3 questions. All 3 questions are to be answered. 2. The exam questions are worth 50 marks in total. Question 1 is worth 15 marks. Question 2 is worth 15 marks. Question 3 is worth 20 marks. 3. Answer ALL questions in the one file. Make sure you clearly identify each question in your answer file. A centralised phone number has been established for students to call if you have any issues during the exam. Staff from the Exams team will respond to the calls and escalate them to the Subject Coordinator as appropriate. If you have any issues that impact your ability to complete the exam, please call the Exam Support Hotline on 02 4221 3000 . If you are unable to get through to that number for any reason, send an email to the Subject Coordinator for the exam you are sitting as soon as possible. This exam paper MUST NOT be shared or distributed in any way
2021-06-14 LLB2220/LLB 220 Wollongong & SWS campuses Autumn 2021 REMOTE Page 2 of 4 Question 1 (15 marks) Connie’s family has been in the movie theatre business for many years. Connie’s family all like to play old movies from the 1930s to 1980s in the movie theatres that they own and operate, rather than the latest new release movies. Connie owns a building containing a movie theatre which is located on old system title land in Sydney, NSW (‘the premises ’). In January 2019 Connie granted a lease over the premises to her brother, Jeff. The lease was granted by deed and was stated to commence on Valentine’s Day in 2019 for a period of six years. The lease provided that: Clause 4: The tenant is granted exclusive possession of the premises. Clause 5: The tenant must pay the landlord rent of $10,000 per month, payable on the 15 th day of each month. Clause 6: The tenant must pay Greta Henry [Connie’ s hairdresser] the sum of $15,000 each year, payable on the 4 th of May each year. Clause 7: The premises must only be used as a movie theatre. Clause 8: The tenant must obtain the landlord’s consent to assign the lease. Clause 9: The tenant is to keep and deliver up the premises in a satisfactory state of repair. Jeff enjoyed running the movie theatre at the premises and playing old movies from the 1930s to 1980s for his customers. However, in early April 2021 Jeff decided it was time to retire. Jeff sought Connie’s consent to assign the lease to Len, who ran a number of financially successful movie theatres elsewhere and who had a good reputation within the movie theatre business. Connie refused consent to assign the lease as she knew that Len intended to play the latest new release movies at the premises, rather than older movies. Jeff decided to assign the lease anyway. Jeff assigned the lease for the premises to Len by deed on 27 April 2021. Connie has found out that Jeff assigned the lease to Len and she is not happy. The payment of $15,000 that was due to be paid to Greta Henry on 4 May 2021 as stipulated in clause 6 of the lease has not been paid. Connie also inspected the premises (you can assume that this inspection was lawfully carried out) and has discovered that, since Len moved into the premises, there are now large stains from food and drink all over the carpet of the premises. Furthermore, the carpet is now badly worn in a few places as a result of customers and staff walking over the carpet on a daily basis. Additionally, there is now a large crack about 5cm wide and 4 metres long across the ceiling of the premises. Len has told Connie that there is no way he will pay Greta the money and that fixing the problems with the carpet and ceiling is not his responsibility. Connie comes to you for advice. Advise Connie in relation to the following: (a) Whether the lease was validly assigned by Jeff to Len. (b) Assuming that the lease was validly assigned, whether clause 6 and clause 9 of the lease are enforceable against Len. (c) Assuming that the terms of the lease are enforceable against Len, explain whether he has breached the lease in relation to the state of the carpet and ceiling of the premises.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help