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Brodie Pty Ltd is the trustee of the Brodie family trust. The trustee operates a liquor retail store at a building owned by Brodie Pty Ltd as trustee for the family trust. Recently, the sole director of Brodie Pty Ltd, Larry, ordered $15,000 worth of wine and spirits for the store from Winits Pty Ltd. This purchase was made even though the store was seriously in debt and the trust had insufficient cash reserves to service its existing loans. In signing the contract, Larry made it clear that he was signing 'as trustee of the Brodie family trust'.
The family trust business has failed due to a downturn in consumer demand and cannot meet its debts. The $15,000 owed to Winits Pty Ltd has not been paid, and there are outstanding mortgages and many other debts.
From whom (if anyone) can Winits Pty Ltd recover the $15,000?
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