Myatt & Anor v Fredrix Real Estate P/L [2002] NSWSC 1095

Myatt & Anor v Fredrix Real Estate P/L [2002] NSWSC 1095

The Deputy Chairman was entitled to find that the essential obligations of the agent and the services which created entitlement to commission occurred after execution of the agency agreement, including exchange and completion of the sale, so the agent was not precluded by s 42AA from claiming commission. The omitted reply submissions did not arise from the respondent's submissions, largely restated material already advanced or introduced a new ground, and would not have required a different fact-finding exercise; therefore there was no denial of natural justice and no error of law.

Jurisdiction
Australia
Judgment Date
03 December 2002
Procedural Posture
Appeal From Fair Trading Tribunal Decision Concerning Real Estate Agent's Commission / Amended Summons Seeking That the Tribunal Decision Be Set Aside and the Case Heard and Decided Again Without Further Evidence
Outcome
Appeal dismissed; amended summons dismissed; orders of the Deputy Chairman affirmed; applicants ordered to pay the respondent's costs as agreed or assessed.
Legal Topics
["real Estate Agent's Commission" 'agency Agreement in Writing' 'property, Stock and Business Agents Act 1941 S 42 Aa' 'appeal on Question of Law From Fair Trading Tribunal' 'natural Justice' 'submissions in Reply']
['administrative Law' 'real Estate Agency Law' 'consumer and Commercial Disputes' 'procedural Fairness'] ["real Estate Agent's Commission" 'agency Agreement in Writing' 'property, Stock and Business Agents Act 1941 S 42 Aa' 'appeal on Question of Law From Fair Trading Tribunal' 'natural Justice' 'submissions in Reply']

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Procedural Posture

Appeal From Fair Trading Tribunal Decision Concerning Real Estate Agent's Commission / Amended Summons Seeking That the Tribunal Decision Be Set Aside and the Case Heard and Decided Again Without Further Evidence

Legal Issues

  1. 1 ['Whether the Deputy Chairman erred in law in finding that the agent was not precluded by s 42AA of the Property, Stock and Business Agents Act 1941 from claiming commission.' "Whether the essential obligations and services creating the agent's entitlement to commission took place after the agency agreement was signed." "Whether judgment delivered before the applicants' submissions in reply were considered involved a denial of natural justice."]

Ratio Decidendi

The Deputy Chairman was entitled to find that the essential obligations of the agent and the services which created entitlement to commission occurred after execution of the agency agreement, including exchange and completion of the sale, so the agent was not precluded by s 42AA from claiming commission. The omitted reply submissions did not arise from the respondent's submissions, largely restated material already advanced or introduced a new ground, and would not have required a different fact-finding exercise; therefore there was no denial of natural justice and no error of law.

Court Disposition

Appeal dismissed; amended summons dismissed; orders of the Deputy Chairman affirmed; applicants ordered to pay the respondent's costs as agreed or assessed.

Orders

  • ['The orders of the Deputy Chairman made on 1 May 2000 and 27 May 2001 are affirmed.' 'The appeal is dismissed.' 'The amended summons is dismissed.' "The applicants are to pay the respondent's costs as agreed or assessed."]