Gandy v Guardian Real Estate (NSW) Pty Ltd [2016] NSWSC 821

Gandy v Guardian Real Estate (NSW) Pty Ltd [2016] NSWSC 821

No error in the findings and procedure of the Local Court; the Agency was entitled to commission as per the agency agreement, and no misleading and deceptive conduct was established. The screen shot was admissible as a business record, and no procedural unfairness occurred. Brief reasons in ex tempore judgment were adequate given the nature and complexity of the case.

Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Appeal / Judgment and Orders
Outcome
Appeal mostly dismissed; Local Court order varied as to amount; leave to appeal refused on ground 4; costs awarded to defendant.
Legal Topics
['real Estate Agent Commission Entitlement' 'misleading and Deceptive Conduct' 'admissibility of Evidence' 'procedural Fairness' 'appeals From Local Court']
['contract Law' 'agency Law' 'civil Procedure'] ['real Estate Agent Commission Entitlement' 'misleading and Deceptive Conduct' 'admissibility of Evidence' 'procedural Fairness' 'appeals From Local Court']

Case Brief

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Procedural Posture

Appeal / Judgment and Orders

Legal Issues

  1. 1 ['Entitlement of real estate agent to commission on failed contract for sale' 'Misleading and deceptive conduct' 'Provision of signed agency agreement in accordance with statutory requirements' 'Admissibility of business records as evidence' 'Procedural fairness in Local Court proceedings']

Ratio Decidendi

No error in the findings and procedure of the Local Court; the Agency was entitled to commission as per the agency agreement, and no misleading and deceptive conduct was established. The screen shot was admissible as a business record, and no procedural unfairness occurred. Brief reasons in ex tempore judgment were adequate given the nature and complexity of the case.

Court Disposition

Appeal mostly dismissed; Local Court order varied as to amount; leave to appeal refused on ground 4; costs awarded to defendant.

Orders

  • ['Pursuant to s 41(1)(a) of the Local Court Act, the order of the Local Court is varied to substitute the amount of $24,840 to be paid to the defendant in lieu of the amount of $25,000. The orders of the Local Court are otherwise confirmed.' 'Leave to appeal on ground 4 is refused.' 'Summons otherwise dismissed.'...