Reference no: EM133500168

Question: Priya is an artist who creates original artworks depicting Sydney Harbour and its environs. She then prints fifty posters from each of the works and sells them from her stall in the Rocks Markets on Saturdays and Sundays for $75.00 each. Each weekend, she sells approximately 50 prints, worth a total of $ $3,750 gross - before the deduction of expenses. On both days, she employs Hans to assist with the sales and the set-up of the stall. Priya also leaves work early on Saturdays to visit her parents. There is no employment contract and Hans is paid in cash. Hans works for Priya for 4 months and realises how profitable the business is. Han shares a unit in Newtown with his sister, Gilda. When Hans tells Gilda how successful the business has become, she devises a plan. Every week, Hans steals 3 or 4 posters from the stall. He takes them home and Gilda sells them on e-bay for $40.00 each. Hans and Gilda divide the proceeds of the sales equally. About 6 months after Hans began stealing the prints, a potential customer approaches Priya at the stall and says; 'Oh, I can buy this exact same print for $40.00 online' and walks away. Priya is devastated. After confronting Hans, he confesses and states - 'But you can't prove it' and walks away.

In addition to any potential criminal charges - which you do not need to discuss, Priya asks your advice whether she has any other claim against