Description

PART B

Adrian is a chef from New Zealand and has recently moved to Melbourne. He is keen to open up a Café in St Kilda. He finds a great premise to lease on Beach road. He signs a lease with the property owner, Normann. Adrian can’t afford to buy the kitchen equipment outright so he gets a loan from JKN Bank for $100,000. A term of the loan agreement was to register the equipment on the Personal Property Security Act.  Using the money borrowed, Adrian opens the café but it doesn’t do well. After a few weeks, he is unable to keep up the payments to Normann, JKN Bank and other suppliers. After another month of not receiving his rent, Normann changes the locks on the premises and says that until his rent is paid in full, he has complete ownership and interest of everything inside.

Advise JKN Bank on what their position is in regards to their interest in the kitchen equipment versus Normann’s.

Information about the Assignment (Part 2)

1. This is an individual assignment (not a group one).

2. Your assignment may adopt headings and sub-headings, and referencing will be required.

3. This assignment format:-

• 1500 (+/-10%) words in total ( excluding references and bibliography)
• Include internal references ( any style may be adopted such as AGLC, APA or Harvard style of referencing)
• Include a bibliography at the end of your assignment

D. This Assignment counts for 15% of the total assessment in this subject.

5. The due date for the assignment is end of WEEK 10

How to submit

(1) You must submit a softcopy of your assignment through VU Collaborate drop box by the due

date. This allows for official receipt of the assignment, and Turnitin analysis

AND

(2) You must also submit a hardcopy to your lecturer at your lecture in Week 11. The hardcopy must be the

same as the softcopy, and include a declaration form. It will be marked and returned to you with

a feedback sheet.

F. Ensure that you refer to authorities ( texts, cases and legislation) accurately. Refer to VU’s

plagiarism and referencing policies. In particular:

• Acknowledge sources, including textbooks and articles and internet materials. See http://www.vu.edu.au/library/referencing-copyright/referencing-guides which refers to different style guides including APA, Oxford, and Harvard. Please use only one of these guides for your assignment.

• Do not quote from source material without using quotation marks.

• Even where you do not quote directly from a source but use an idea from that source, you must acknowledge that source even when you express it in your own words.

• Include a bibliography at the end of the assignment

G. Recommended reading includes:

• Internet references given in lectures, including the legal search engine

www.austlii.edu.au (search under ‘banking’)

• Butterworth’s online publications ( available through VU’s intranet/ library site)

• Your textbook and other banking law texts