Wakefields Real Estate (Pty) Ltd v Attree and Others (666/10) [2011] ZASCA 161; 2011 (6) SA 557 (SCA) (28 September 2011)

Wakefields Real Estate (Pty) Ltd v Attree and Others (666/10) [2011] ZASCA 161; 2011 (6) SA 557 (SCA) (28 September 2011)

The Supreme Court of Appeal found that Walker, acting for Wakefields, was the effective cause of the sale by introducing Howard to Monteith Place. Despite subsequent involvement by De Marigny and the reduction in price, Howard's interest in the property was directly attributable to Walker's efforts. The court held that the cumulative effect of Walker's introduction and Howard's subsequent actions established Wakefields' entitlement to commission. The Attrees' liability to pay more than one agent arose from their own conduct in engaging multiple agents. The costs order against Howard was upheld, as her cross appeal lacked merit and the high court's discretion was properly exercised.

Citation
[2011] ZASCA 161
Parties
Appellant: Wakefields Real Estate (Pty) Ltd; Respondent: Gavin Wayne Attree; Respondent: Tracey Attree; Respondent: Fiona Isobel Howard
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 2011
Case Number
666/10
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal High Court, Durban
Outcome
Appeal upheld with costs; cross appeal dismissed with costs. High court order set aside and replaced.
Judges
Navsa, Lewis, Ponnan, Mhlantla, Wallis
Legal Topics
Estate Agent Commission, Effective Cause of Sale, Oral Mandate, Remuneration, Costs Order
Commercial and Corporate Civil Procedure Estate Agent Commission Effective Cause of Sale Oral Mandate Remuneration Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Wakefields Real Estate (Pty) Ltd

Appellant

Gavin Wayne Attree

Respondent

Tracey Attree

Respondent

Fiona Isobel Howard

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal High Court, Durban

Legal Issues

  1. 1 Whether Wakefields Real Estate was the effective cause of the sale of the property and thus entitled to commission.
  2. 2 Whether an oral mandate existed between the Attrees and Wakefields for the sale of the property.
  3. 3 Whether the intervention of another estate agent, De Marigny, outweighed the initial introduction by Wakefields.

Ratio Decidendi

The Supreme Court of Appeal found that Walker, acting for Wakefields, was the effective cause of the sale by introducing Howard to Monteith Place. Despite subsequent involvement by De Marigny and the reduction in price, Howard's interest in the property was directly attributable to Walker's efforts. The court held that the cumulative effect of Walker's introduction and Howard's subsequent actions established Wakefields' entitlement to commission. The Attrees' liability to pay more than one agent arose from their own conduct in engaging multiple agents. The costs order against Howard was upheld, as her cross appeal lacked merit and the high court's discretion was properly exercised.

Court Disposition

Appeal upheld with costs; cross appeal dismissed with costs. High court order set aside and replaced.

Orders

  • The defendants are ordered to pay the plaintiff the sum of R232 560 plus interest at the rate of 15.5 per cent per annum from 11 October 2005 to date of payment, and costs of suit.
  • Cross appeal by Howard dismissed with costs.