Gaocrew Pty Ltd v Keech & Anor [2001] NSWSC 25

The Referee correctly held that an implied term requiring the agent to remain a member of the real estate franchise and in occupation of the site was necessary to give business efficacy to the contract; the Tribunal could determine commission entitlement regardless of contract terms pursuant to s 42A(5) Property Stock and Business Agents Act 1941.

Jurisdiction: Australia
Judgment Date: 02 February 2001
Procedural Posture: Appeal / Judgment
Outcome: Plaintiff's appeal dismissed; Referee's decision affirmed; costs to first defendant
Legal Topics: ['implied Terms in Agency Agreements' 'commission Entitlement Under Property Stock and Business Agents Act' 'fair Trading Tribunal Appeals']

['administrative Law'] ['implied Terms in Agency Agreements' 'commission Entitlement Under Property Stock and Business Agents Act' 'fair Trading Tribunal Appeals']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the Referee erred in implying a term that the agent would remain a member of a real estate franchise and occupy the same site' 'Whether implied term was necessary to give business efficacy to the contract' 'Effect of s 42A Property Stock and Business Agents Act on contractual commission entitlements']

Ratio Decidendi

Court Disposition

Plaintiff's appeal dismissed; Referee's decision affirmed; costs to first defendant

Orders

['The decision of the Referee dated 11 July 2000 is affirmed' 'The summons is dismissed' "The plaintiff is to pay the first defendant's costs"]