The Garden of Eden also decides to expand by acquiring a new property to develop into a
Question:
The Garden of Eden also decides to expand by acquiring a new property to develop into a second nursery. The Garden of Eden approach Sam, the owner of the property, and sign a contract to purchase the property for $1million. However, a few weeks after signing the contract, Sam changes his mind and decides not to sell the property to the Garden of Eden. Sam sets up a company called SS Pty Ltd and transfers the property he is supposed to sell to Garden of Eden to SS Pty Ltd. Sam is the sole director and shareholder of SS Pty Ltd. When Garden of Eden finds out what Sam has done, Garden of Eden threatens to bring legal action against Sam or SS Pty Ltd to recover the property. Sam informs Garden of Eden that they will not be successful because the property does not belong to him anymore but that he is happy to pay damages for breaching the contract with Garden of Eden. Advise Garden of Eden if it will be successful in its action to recover the land. Refer to relevant cases and/ or sections of the Corporations Act 2001 (Cth) in your answer