New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Commission recovery

Legal area

Court

7 Jul 2023

GOLDLINE PROPERTIES LIMITED v MARSH [2023] NZCA 285

Citation

[2023] NZCA 285
Court

Court of Appeal

Section 134(4) must be read in the context and purpose of s 134 as a whole; the prohibitions in s 134(1)–(2) look to the outcome of the transaction and can be contravened by an agent acquiring an interest after contract entry; accordingly a client may cancel a contract made or brought about in contravention of s 134 even where the agent's interest arises post-execution if the statutory consent/valuation requirements were not met.
17 Nov 2021

WAKATIPU REALTY GROUP LTD v LIBRA CORPORATION LTD [2021] NZHC 3098

Citation

[2021] NZHC 3098
Court

High Court

On the evidence the plaintiff has a good arguable case on the commission claim, there is an identifiable asset (equity in Lot 23) likely to be converted to sale proceeds, and there is a real risk of dissipation given the respondent's overseas sole shareholder and unpaid prior commissions; balancing overall justice the court granted a limited‑duration without‑notice freezing order in the terms of the filed draft, directed immediate service and listed the matter for on‑notice mention on 9 December 2021.