18 Apr 2013
The combined operation of s179(2)(c) and s185(1)(a)/185(2)(d) requires an adopting mortgagee to pay an agent's commission from the proceeds of sale in priority to the mortgagees; therefore NZGT lawfully paid CBRE's commission from the sale proceeds and the plaintiff's claim fails.
2 Dec 2011
The stakeholder fund was held on strict terms for the three named parties and a binding consent order required distribution to Malkev and Trustees Executors; because CBRE was not a party to that arrangement or order it has no automatic right to the stakeholder funds and must pursue any remedy by suing the recipients rather than preventing distribution.
12 Nov 2008
The appeal was dismissed because there was an arguable and non‑implausible factual dispute about whether the agency agreement was bilaterally terminated orally (e.g. return of keys and removal of signage), and such disputes could not be resolved on summary judgment and required trial.
2 Sept 2008
Because the High Court dismissed the appeal and no further appeal or leave was filed, the foundation for a stay of execution and restraint fell away and the application to stay was dismissed; costs awarded to the respondent on a 2B basis with disbursements fixed by the Registrar.