World Square Realty Pty Ltd v Matthew Camilleri; Mathew Camilleri v Feng Chen and Rong Gu [2013] NSWLC 20

World Square Realty Pty Ltd v Matthew Camilleri; Mathew Camilleri v Feng Chen and Rong Gu [2013] NSWLC 20

The Plaintiff was not entitled to recover commission because the agency agreement failed to comply with mandatory statutory and regulatory requirements. The Sales Inspection Report formed part of the agency agreement and was not signed by the agent, did not state either an estimate or price range, and did not state whether the property was offered with vacant possession or existing tenancies. The agreement also failed to specify the dollar amount of remuneration calculated on a specified estimated sale price. These material omissions disentitled the Plaintiff to commission under s 55(1) of the Property, Stock and Business Agents Act 2002.

Jurisdiction
Australia
Judgment Date
03 December 2013
Procedural Posture
Civil Proceedings for Recovery of Real Estate Agent's Commission Under an Agency Agreement / Principal Judgment After Hearing
Outcome
Verdict for the Defendant
Legal Topics
["real Estate Agent's Commission" 'agency Agreement Compliance' 'property, Stock and Business Agents Act 2002' 'property, Stock and Business Agents Regulation 2003' 'effective Introduction of Purchaser']
['civil Procedure' 'real Property' 'agency'] ["real Estate Agent's Commission" 'agency Agreement Compliance' 'property, Stock and Business Agents Act 2002' 'property, Stock and Business Agents Regulation 2003' 'effective Introduction of Purchaser']

Case Brief

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Procedural Posture

Civil Proceedings for Recovery of Real Estate Agent's Commission Under an Agency Agreement / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the agency agreement was enforceable and complied with the mandatory requirements of the Property, Stock and Business Agents Act 2002 and the Property, Stock and Business Agents Regulation 2003.' "Whether the Plaintiff's introduction of the Cross-Defendants was the effective cause of the sale so as to entitle the Plaintiff to commission under clause 7(i)(a) of the agency agreement."]

Ratio Decidendi

The Plaintiff was not entitled to recover commission because the agency agreement failed to comply with mandatory statutory and regulatory requirements. The Sales Inspection Report formed part of the agency agreement and was not signed by the agent, did not state either an estimate or price range, and did not state whether the property was offered with vacant possession or existing tenancies. The agreement also failed to specify the dollar amount of remuneration calculated on a specified estimated sale price. These material omissions disentitled the Plaintiff to commission under s 55(1) of the Property, Stock and Business Agents Act 2002.

Court Disposition

Verdict for the Defendant

Orders

  • ['A verdict is entered for the Defendant.' 'The Court will hear the parties as to any special cost orders.']