Newman v Anserdoro Pty Ltd [2008] NSWSC 371

Newman v Anserdoro Pty Ltd [2008] NSWSC 371

The appeal failed because none of the grounds raised established material error of law in the Magistrate's decision. The evidence supported the finding that the defendant, via Ms Flynn, effectively introduced the purchaser during the valid agency agreement, entitling it to commission; the agency agreement was found...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 April 2008
Procedural Posture
Appeal / Judgment on Appeal From Local Court
Outcome
Appeal dismissed
Legal Topics
['real Estate Agent Commission' 'appeal' 'error of Law']
['common Law'] ['real Estate Agent Commission' 'appeal' 'error of Law']

Source-derived case record

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Procedural Posture

Appeal / Judgment on Appeal From Local Court

Legal Issues

  1. 1 ['Whether the defendant was entitled to commission under the agency agreement given alleged non-compliance with statutory requirements' 'Whether there was a break in the chain of causation between the introduction and eventual sale of the property' 'Whether any effective marketing by a second agent broke the chain of causation' 'Whether Ms Flynn or the defendant was entitled to the commission']

Ratio Decidendi

The appeal failed because none of the grounds raised established material error of law in the Magistrate's decision. The evidence supported the finding that the defendant, via Ms Flynn, effectively introduced the purchaser during the valid agency agreement, entitling it to commission; the agency agreement was found valid and correctly completed; the chain of causation was unbroken; and the pleadings did not permit the statutory invalidity defence.

Court Disposition

Appeal dismissed

Orders

  • ['Summons dismissed' 'Plaintiff to pay the costs of the proceedings']