Federal Court of Australia
CATCHWORDS
Contract - Entitiement of real estate agent to commission - Commission payable on agent obtaining a person 'ready willing and able to purchase" - Purchaser's offer subject to finance and to formal contract - Weaning of "ready
willing and able to purchase".
Court of Petty Sessions Ordinance 1930 (A.C.T.} - ss. 208(1)(bh), 215.
Federal Court of Australia Act 1976 - ss. 24(1), 27.
WAYNE ROBERT WATTERS and ROBYN ELLEN WATTERS v. JOHN CRISP PTY. LIMITED
No. A.C.T. G66 of 1982
Fox, McGregor and Gallop JJ. 28 July 1983.
Canberra.
iN THE FEDERAL COURT UF AUSTRALTA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISTON
No. A.C.T. Go6 of 1982
ON APPEAL, FROM 'CHE SUPREME COURT OF 'THE AUSTRALLAN CAPSTAL TERRITORY
BETWEEN:
WAYNE; ROBERT WATTERS and ROBYN ELLEN WATTERS
Appellants AND: JOHN CRISP PTY. LIMITED
Respondent
ORDER JUDGES : Fox, McGregor and Gallop JJ. DATE OF ORDER: 28 July 1983.
WHERE MADE: Canberra.
l. The appeal be allowed.
iS)
The order ot the Supreme Court of tne Australian vLanpital Territory and the judgment of the Court of Petty Sessions awarding the respondent the sum or si.710.00 be
set aside.
The respondent's complaint in the Court of Petty
Sessions be dismissed.
The respondent pay the appellants' costs of this appeal, and in the courts below, except that the appellants pay the costs reserved by the Chief Justice of the Supreme
Court of the Australian Capital Territory on 22 July
1982.
IN THE FEDERAL CUUR'
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISION
ON APPRAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN :
WAYNE ROBERT WATTERS and ROBYN ELLEN WATTERS
Appellants AND:
JOHN CRISP PTY. LIMITED
Respondent
CORAM: FOX, McGREGOR and- GALLOP JJ.
REASONS FOR JUDGMENT
FOX J.
This appeal from the Supreme Court of the Australian Capital Territory, constituted by Kelly J., concerns the entitlement to commission of a real estate agent. The matter came first before the Court of Petty Sessions, where the learned
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