Question: Please mention relevant case laws (one or more) and answer using IRAC- Piermont Hotels Pty Ltd (PH) owns the Buccaneer Hotel in Mornington, Victoria. PH

Please mention relevant case laws (one or more) and answer using IRAC-

Piermont Hotels Pty Ltd (PH) owns the Buccaneer Hotel in Mornington, Victoria. PH decided in November 2020 that it would like to sell the Buccaneer to further their investment interests in hospitality businesses closer to Melbourne city. PH signed a contract with Triumphant Hotel Group (THG) for the sale of the Buccaneer in December 2020, which stated that the settlement of the contract would take place on 29th July 2021. Just before the settlement date, THG contacted PH to inform PH that they were not willing to follow through with the completion because the contracted sale value of the Buccaneer Hotel had been severely diminished due to the Covid-19 pandemic public health orders issued by the Victorian government. The contract of sale provided the following clause 48: From the date of this contract until Completion, the Vendor must carry on the Business in the usual and ordinary course as regards its nature, scope and manner and repair and maintain the Assets in the same manner as repaired and maintained as at the date of this Contract and use reasonable endeavours to ensure all items on the Inventory are in good repair and in proper working order having regard to their condition at the date of this Contract, fair wear and tear excepted." THG argued that since the recent restrictions the Buccaneer had laid off many staff and were only selling food and beverages for pickup and delivery. For this reason PH had not fulfilled their contractual obligations under Cl.48. PH responded to this by serving a notice of completion on THG. THG refused to complete the contract. At trial the court decided in favour of PH that THG had no grounds to avoid the contract. There has been a long delay since that hearing but the case is now in the Victorian Supreme Court of Appeal. Advise PH. Please use case law to support your answer. (10 marks) Note: Research is required for this scenario. You may rely on the course materials to answer this question but it is expected that you also research beyond the course materials.. Suggested word count: 500 to 600 words

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