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)
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