Wei Liu v Al Maha Pty Ltd [2019] NSWDC 106

Wei Liu v Al Maha Pty Ltd [2019] NSWDC 106

The plaintiff is entitled to recover the outstanding commissions under s 55A of the Act despite non-compliance with s 55, as the failure was minor, no loss was suffered by the defendant, there was a significant power imbalance, and it would be unjust if relief was not granted.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
['real Estate Agents Commissions' 'agency Agreements' 'statutory Compliance' 'power Imbalance']
['civil Law' 'commercial Law'] ['real Estate Agents Commissions' 'agency Agreements' 'statutory Compliance' 'power Imbalance']

Case Brief

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Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to recover outstanding commissions under the Agency Agreement despite non-compliance with statutory requirements' 'Whether relief should be afforded to the plaintiff pursuant to s 55A of the Property, Stock and Business Agents Act 2002 (NSW)']

Ratio Decidendi

The plaintiff is entitled to recover the outstanding commissions under s 55A of the Act despite non-compliance with s 55, as the failure was minor, no loss was suffered by the defendant, there was a significant power imbalance, and it would be unjust if relief was not granted.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $226,840.00.' "Defendant to pay the plaintiff's costs as agreed or assessed." 'Liberty to apply to my associate within 7 days if an alternate costs order is sought.']