In 2021 Rosita Bloom, a well renowned Sydney based horticulturist, completed a bachelor of cooking and...
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In 2021 Rosita Bloom, a well renowned Sydney based horticulturist, completed a bachelor of cooking and empanada making at the Covetous Austro-Latin Cooking Academy. As part of her degree, she wrote a thesis titled 'pies and empanadas; the influences of Colombian cooking in Australian gastronomy'. Her non-traditional cooking methods and culinary creativity led her to set up her own cooking business 'Aussielombian foods. In March 2022 Rosita decided to expand her business. She arranged a meeting with Mrs Maria Misstatement, an accountant and financial adviser specialised in business expansion. After their initial meeting, Maria agreed to prepare a business plan for Rosita and her growing business. Maria advised Rosita that she was in a sound position to expand and recommended that she borrow money to set up a cooking store in Leura, a trendy small town in the Blue Mts region renowned for its eateries. Rosita relied on Maria's advice and acting on it decided to borrow $800,000 from Ripoff Credit, a small credit union that provides loans and overdraft facilities for small businesses. Rosita also rented an old warehouse to convert into a commercial kitchen and installed in it a $50 000 underground terracotta oven which she hired on a hire purchase agreement. Under this agreement, Rosita was required to pay $2083.35 per month for 24 months plus interest. Rosita also hired Dull Designs & Graphics to design a webpage for her. Then things went sour. Maria admitted that she had not adequately factored in Rosita's pre-existing debts and had also underestimated the significant establishment costs associated with setting up a business in Leura. She mentioned that at the time of preparing her advice to Rosita, she had been under a lot of stress from her divorce and instead of undertaking research relevant to Rosita's business, she had copied a business plan she had previously prepared for another client. She also admitted consulting her tarot cards about the matter, in addition to ordering Rosita's astrological chart from Cosmic Predictions Astrology, all of which indicated that Rosita's business venture would reach financial glory. Rosita has suffered some serious financial losses as a result of this advice and is unable to meet the loan repayments to Ripoff Credit and the fees of the web designer. Advise Rosita on any rights and liabilities arising from these facts, citing relevant statutory and case law authority, using ILAC format. In 2021 Rosita Bloom, a well renowned Sydney based horticulturist, completed a bachelor of cooking and empanada making at the Covetous Austro-Latin Cooking Academy. As part of her degree, she wrote a thesis titled 'pies and empanadas; the influences of Colombian cooking in Australian gastronomy'. Her non-traditional cooking methods and culinary creativity led her to set up her own cooking business 'Aussielombian foods. In March 2022 Rosita decided to expand her business. She arranged a meeting with Mrs Maria Misstatement, an accountant and financial adviser specialised in business expansion. After their initial meeting, Maria agreed to prepare a business plan for Rosita and her growing business. Maria advised Rosita that she was in a sound position to expand and recommended that she borrow money to set up a cooking store in Leura, a trendy small town in the Blue Mts region renowned for its eateries. Rosita relied on Maria's advice and acting on it decided to borrow $800,000 from Ripoff Credit, a small credit union that provides loans and overdraft facilities for small businesses. Rosita also rented an old warehouse to convert into a commercial kitchen and installed in it a $50 000 underground terracotta oven which she hired on a hire purchase agreement. Under this agreement, Rosita was required to pay $2083.35 per month for 24 months plus interest. Rosita also hired Dull Designs & Graphics to design a webpage for her. Then things went sour. Maria admitted that she had not adequately factored in Rosita's pre-existing debts and had also underestimated the significant establishment costs associated with setting up a business in Leura. She mentioned that at the time of preparing her advice to Rosita, she had been under a lot of stress from her divorce and instead of undertaking research relevant to Rosita's business, she had copied a business plan she had previously prepared for another client. She also admitted consulting her tarot cards about the matter, in addition to ordering Rosita's astrological chart from Cosmic Predictions Astrology, all of which indicated that Rosita's business venture would reach financial glory. Rosita has suffered some serious financial losses as a result of this advice and is unable to meet the loan repayments to Ripoff Credit and the fees of the web designer. Advise Rosita on any rights and liabilities arising from these facts, citing relevant statutory and case law authority, using ILAC format.
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I Issue The issue in this case is to advise Rosita on her rights and liabilities arising from the advice provided by Maria Misstatement the accountant and financial adviser regarding the business expa... View the full answer
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