What does Amisha want?

- To get Mac out

Mac lease or license
- Street v Monford
o Month to month arrange
o Rent requirement present
o Exclusive possession requirement
No indication that exclusive possession was given
Re Tan Tye, no tenancy because the landlord continued to exercise
control
- License
o Contractual license?
Tan Hin Leong [para 25-27]
Terminable by notice

Mac might have an interest via proprietary estoppel

- Hong Leong Singapore Finance
o 3 requirements for P.E
Is there a representation?
Need not be express
Amisha told Mac that he could stay with her for the duration of
his life even when Broery died
Mac has been staying rent-free since 2010
Continuing intention (?)

Is there reliance on the representation?

Leave of absence from university studies
Burden shifts to party resisting P.E. that Macs LoA was not in
reliance on the representation

Has there been detriment?

Yes, just say he put his studies on hold

o Unconscionability
Look at benefits enjoyed

Talk about the caveatable interest of the beneficiaries;

3. Issue Penalty clause in the form of the high interest rate
- is the interest rate a cloak? / is the OTP a cloak? / Is the requirement that only that
the loan can be repaid out for the sale of her album a cloak?
- Restraint of trade clause?

i. Is the interest rate a penalty?

a. Hong Leong Finance, 18%/year when in the first two years it was around
5%/6% and the court struck it out because the increase was unjustified. Note
that the case also concerned a bunch of hawkers. Can make the argument
that Yuna could potentially be being taken advantage of. Probably not a
penalty clause but can say that this is unconscionable

ii. Cloak
a. Cloak is an impediment to redemption of mortgage
b. Citicorp
i. Court slow to interfere in financing arrangements
c. Whats the nature of the relationship between parties?
i. Are they sophiscated commercial bargain?
ii. Were they just normal people.
1. Yuna is just an aspiring songwriter
2. Not a seasoned player
d. Can you separate any of the clauses as a standalone contract?
i. Nothing seems to indicates there are preliminary clauses to the
contract to loan