Home » employment law the following questions relate to the case montevento holdings ltd

employment law the following questions relate to the case montevento holdings ltd

The following questions relate to the case Montevento Holdings Ltd v Scaffidi [2012] HCA 48. Students are required to find the case (*hint: go to www.austlii.edu.au) and to apply relevant legal theories in your answers.
1.Where is the case being heard?
2.Who are the appellants and respondents in this case?
3.What jurisdiction is this court exercising in this case?
4.Where was the case heard before this?
5.Identify the type of trust dealt with in this case. Briefly define the role of such trusts.
6.Who are the three parties in a trust? Identify these three parties for this case.
7.Outline the legal arguments being made by the appellants.
8.What was the Courts decision regarding Montevento Holding Pty Ltds role as Nominee Trustee?
9.Discuss the duties of a trustee. Was there a breach of duties in this case?
10.Summarise the Courts findings.
PART B: Problem Question (500 words)
Joseph, Leon and Melanie are running a caf as a partnership. Whilst out shopping with his wife one Saturday, Leon sees a coffee grinding machine which he believes would be perfect for the business. He is unable to contact the other two partners on the phone but proceeds with buying the coffee grinder anyway.
(i)Discuss whether the partnership is bound by the transaction that Leon entered into. Justify your answer. (2 marks)
(ii)The firm has two employees on a two-year employment contract. Due to a slowdown in business, the three partners decide that they need to fire their employees.

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