Christie Owen & Davies Plc v Raobgle Trust Corporation [2011] EWCA Civ 1151 (13 October 2011)
The partnership between Mr Kimitri, Mr Pavlou, and Mr Tsaroullas existed at the time of purchase as they had embarked on the joint venture by acquiring the property together, even if the purchase was in Mr Pavlou's name. The agent's introduction was effective and commission was due.
- Citation
- [2011] EWCA Civ 1151
- Parties
- Claimant/appellant: Christie Owen & Davies plc; Defendant/respondent: RAOBGLE Trust Corporation
- Jurisdiction
- England and Wales
- Judgment Date
- 13 October 2011
- Procedural Posture
- Civil Appeal / Appeal From Bristol County Court
- Outcome
- Appeal allowed
- Legal Topics
- Agent's Commission, Sole Selling Rights, Partnership Formation, Introduction of Purchaser, Entitlement to Commission
Case Brief
Summary, issues, holding and outcome
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Parties
Christie Owen & Davies plc
Claimant/appellant
RAOBGLE Trust Corporation
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From Bristol County Court
Legal Issues
- 1 Whether the agent was entitled to commission under the sole selling rights agreement
- 2 Whether a partnership existed at the time of purchase so as to make the introduction effective for commission purposes
Ratio Decidendi
The partnership between Mr Kimitri, Mr Pavlou, and Mr Tsaroullas existed at the time of purchase as they had embarked on the joint venture by acquiring the property together, even if the purchase was in Mr Pavlou's name. The agent's introduction was effective and commission was due.
Court Disposition
Appeal allowed
Orders
- Agent entitled to commission
- Further evidence admitted confirming partnership contributions
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