Colbron, W. v St Bees Island Pty Ltd & Ors [1995] FCA 85

CATCHWORDS CONTRACT - Statutory Illegality. PRINCIPAL and AGENT - Statutory Illegality - whether applicant acted as a "real estate agent" for the purposes of the prohibition in the Auctioneers and Agents Act 1971 (Qld). Auctioneers and Agents Act 1971 (Qld) ss 5, 14, 62, 70, 71A and 130.

Property, Stock and Business Agents Act 1941 (NSW) ss 3, 20, 42 and 87.

Freehold Land Investments Ltd v Queensland Estates Pty Ltd (1970) 123 CLR 419.

Yango Pastoral Company Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410. WARWICK COLBRON v ST BEES ISLAND PTY LTD & ORS No NG 326 of 1994 Lindgren J 3 March 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY) No G326 of 1994 GENERAL DIVISION ) WARWICK COLBRON Applicant ST BEES ISLAND PTY LTD (ACN 010 400 572) First Respondent LIONEL NEIL BERCK Second Respondent MARGARET OTTLLIE BERCK Third Respondent JOHN FRANCIS URCH Fourth Respondent WHITSUNDAY ISLAND DEVELOPMENTS PTY LIMITED (ACN 059 374 882) Fifth Respondent CORAM: LINDGREN J PLACE: SYDNEY DATE: 3 MARCH 1995 MINUTE OF ORDERS THE COURT: 1. ORDERS that the order made on 19 December 1994 that certain questions be decided separately from any other question in the proceedings be set aside. 2. ORDERS that the costs of the hearing of the questions ordered to be separately decided be the parties' respective costs of the proceedings. 3. DIRECTS that the proceedings stand over to Wednesday 8 March 1995 at 9.30 for further directions. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.