20 Mar 2006
CORNERSTONE GROUP LIMITED AND ANOR V OPM FINANCIAL SOLUTIONS LIMITED AND ORS CA CA11/05
- Citation
- openlaw-f190771d_9f14_4c28_abd1_1b90f73d4f08.pdf
- Court
- Court of Appeal
The Court held declaratory relief was within its jurisdiction and appropriate to determine the validity of the cancellations; the Marketing Agreement fee claim failed on the facts (no ongoing obligation after 28 February 2002); recovery of commission was barred by s62 Real Estate Agents Act 1976 because the respondents acted as agents without licence and written authority; the declaration should be limited to the party to the sale agreements (Tamariki Limited); the cross-appeal was dismissed and costs were left where they fell.