Prestige Residential Marketing Pty Limited v Depune Pty Limited [2008] NSWCA 179

Prestige Residential Marketing Pty Limited v Depune Pty Limited [2008] NSWCA 179

Prestige was the effective cause of the sale as it introduced Mr Casaceli to the property, worked him into a position to offer at the nominated sale price (subject to deposit), and its efforts were in a real sense the cause of the sale concluded later, as supported by contemporaneous documents. The primary judge's fact-finding was flawed by failure to give proper weight to these documents and drawing findings contrary to unchallenged evidence. Prestige is therefore entitled to commission under the agency agreement.

Jurisdiction
Australia
Judgment Date
14 August 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['principal and Agent' 'real Estate Commission' 'effective Cause of Sale' 'evidence (credibility Findings)']
['commercial Law'] ['principal and Agent' 'real Estate Commission' 'effective Cause of Sale' 'evidence (credibility Findings)']

Case Brief

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Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 ["Whether Prestige was the effective cause of the sale of Depune's property under the agency agreement" 'Whether the primary judge erred in fact finding and assessment of credibility' 'Whether Prestige is entitled to commission under the terms of the agency agreement']

Ratio Decidendi

Prestige was the effective cause of the sale as it introduced Mr Casaceli to the property, worked him into a position to offer at the nominated sale price (subject to deposit), and its efforts were in a real sense the cause of the sale concluded later, as supported by contemporaneous documents. The primary judge's fact-finding was flawed by failure to give proper weight to these documents and drawing findings contrary to unchallenged evidence. Prestige is therefore entitled to commission under the agency agreement.

Court Disposition

Appeal allowed

Orders

  • ['Grant leave to appeal' 'Notice of appeal to be filed within seven days' 'Set aside the verdict and judgment in the Court below' 'Substitute verdict and judgment for appellant in the sum of $85,800' 'Award interest on the judgment sum from 23 June 2004 to 15 August 2008' "Respondent to pay appellant's costs of...