Colliers Jardine (NSW) P/L v. Balog Investments P/L & Anor [1994] FCA 995

on

JUDGMENT No. sand Semal oat Lon

CATCHWORDS

Contract - breach of contract - real estate agency agreement - whether agent effectively introduced buyer - whether agent entitled to commission when property sold to a third party pursuant to a first right of refusal - whether there were implied terms of the agency agreement - no term to be implied in a standard form agency agreement that the vendor will not prevent the agent from earning a commission - whether contract frustrated - whether applicant entitled to remuneration on the basis of quasi contract - whether applicant entitled to relief on a constructive trust basis due to the unconscionable conduct of the respondent - quasi contract and constructive trust claims defeated on the basis that it was always possible under the contract that the applicant would perform work and have no entitlement to commission.

Trade Practices - whether respondent's failure to inform applicant of terms of contract with third party in contravention of s 52 of Trade Practices Act 1974 ~ whether applicant entitled to damages for loss of opportunity arising out of respondent's contravention of s 52.

Frustrated Contracts Act, 1978 (NSW) Trade Practices Act 1974 Auctioneers and Agents Act 1941 (NSW)

L.J. Hooker Ltd v W.J. Adams Estates Pty Limited (1977-1978) 138 CLR 52

Australian Postal Commission v Peter Smith (unreported, Federal Court, Von Doussa J, 23.10.90, SG 121 of 1990

Tophams Ltd v Sefton (Earl) [1966] 1 All ER 1039 Atlas Tiles Ltd v Briers (1978) 144 CLR 202

Tribe v Taylor (1876) 1 CPD 505 Greene v Bartlett (1863) 14 CB (NS) 681

Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 per Mason J

Renard Constructions v Minister for Public Works (1992) 26 NSWLR 234 per Priestley JA

B.P. Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 52 A.L.J.R. 20