LLW4000: Orphaned At A Young Age, He Was Raised By His Eccentric Maternal Bachelor Uncle: Civil Procedure Law Case Study, VU, Australia

University Victoria University [VU]
Subject LLW4000: Civil Procedure Law

1. Vasantha Anand (Vasantha) is 18 1/2 years old. Orphaned at a young age, he was raised by his eccentric maternal bachelor uncle and grew up on the latter’s rural property at 7 Lush Valley, Bendigo Vic 3550. Vasantha’s uncle willed everything he owned to Vasantha so when he passed recently, Vasantha inherited a small fortune. Like his uncle, whom some less charitable neighbours described as ‘cuckoo’, Vasantha seems to have inherited some of his ancestor’s genes as he is an oddball himself, although not insane.

2. Vasantha is crazy (colloquially speaking) about classic cars. The first thing that he bought with his inheritance was a $49,000 classic 1952 Holden FX Standard in the immaculate condition depicted on the right.

3. Vasantha has also been looking for a classic sports car. He sees an advertisement in a magazine ‘Sports Autos Classics’ for the sale of a classic Shelby Cobra (the ‘Cobra’). Vasantha travels to Brisbane, Queensland on 1 February 2020 to inspect and possibly purchase the car. A picture of the Cobra is shown on the left.

4. The advertisement was placed by OzeDeals, which is the business name of a company, Austra Brokers and Dealers Pty Ltd, based in Queensland. Austra Brokers & Dealers Pty Ltd does business in the name and style of OzeDeals. The details of Austra Brokers and Dealers Pty Ltd are:

Australian Company Number (ACN): 987654321

Sole Director: Beatrix Scully

Registered Office: 66 Logan Avenue, Brisbane, Qld 4000

Principal place(s) of business: 77 Moreton Way, Brisbane, Qld 4000

Nature of business: Dealers and brokers

Business Name: OzeDeals

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5. OzeDeals is the Australian agent of ‘Gryphon Company’. Despite its name, Gryphon Company is actually, a sole trader business run by Eddie Lang (‘Eddie’), a citizen of and based in Rawa, an island nation off the south of Malaysia. Gryphon Company is registered in Rawa. The details of Gryphon
Company are:

Name of business: Gryphon Company

Temasek Business Number (TBN): 90804567

S2B4 2020 Facts for Assessment 2 & the Exam

Sole Proprietor: Eddie Lang

Place of business: 1 Medan Drive

Rawa, Postcode 9000

Nature of business: Exporters of coconut produce and palm oil

6. Vasantha liaises with Dina Scully (‘Dina’), a Sales Executive of OzeDeals. Having inspected the Cobra on 2 February 2020 and finding it in pristine condition, Vasantha is keen to own it. He negotiates with Dina on the terms of purchase. Dina informs Vasantha that OzeDeals is the agent for Gryphon Company and the Cobra belongs to Eddie, the proprietor of Gryphon Company. She adds that Eddie used to shuttle between Brisbane and Rawa but has since returned to Rawa for good and is seeking to liquidate his assets in Australia, although Gryphon Company still exports to Australia

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