30 Apr 2009
IH WEDDING & SONS LTD AND ANOR V BUY-SELL REALTY NZ LTD HC AK CIV-2008-404-005502
- Citation
- openlaw-3872307a_3b72_4d6e_8415_5704c680c5fe.pdf
- Court
- High Court
Non-compliance with s62(b) of the Real Estate Agents Act 1976, because no clear unequivocal written appointment signed by or on behalf of the principal existed, precluded the respondent from recovering the claimed fees; additionally Mr Askew had neither actual nor ostensible authority to re-engage the respondent and the respondent had or ought to have had notice requiring inquiry; accordingly the District Court judgment was set aside and judgment entered for the appellants with repayment of judgment, interest and costs and costs on appeal awarded.