Savills (NSW) Pty Ltd v ATF CTH Pty Ltd [2020] NSWSC 956

Supreme Court New South Wales

Medium Neutral Citation: Savills (NSW) Pty Ltd v ATF CTH Pty Ltd [2020] NSWSC 956 Hearing dates: 13, 14, 15 and 16 July 2020 Decision date: 27 July 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the defendant. (2) Unless any party applies for a different costs order by written application to my Associate within 7 days, order the plaintiff to pay the defendant's costs. Catchwords: CONTRACTS — Formation — alleged agreement that plaintiff would act as exclusive agent for sale of defendant's real property — where plaintiff claims commission for sale of property under agreement — whether contract was executed CONTRACTS — Construction — Where plaintiff's entitlement to commission dependent on meaning of "Property" under the contract — relevance of surrounding circumstances to resolve ambiguity CONSUMER LAW — Unconscionable conduct — In connection with goods or services — whether defendant's conduct unconscionable DAMAGES — Proof and calculation of damages —responsibility of the Court to make best assessment of damages — lack of evidence — no loss proved by plaintiff Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, ss 21, 236 Evidence Act 1995 (NSW), ss 48, 142 Property and Stock Agents Act 2002 (NSW), s 55 Uniform Civil Procedure Rules 2005 (NSW), rr 21.2, 42.1 Cases Cited: British American Tobacco Australia Services Limited v Cowell (2002) 7 VR 524; [2002] VSCA 197 Codelfa Construction Pty Ltd v State Rail Authority (1982) 149 CLR 337; [1982] HCA 24 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 McCabe v British American Tobacco Australia Services Limited [2002] VSC 73 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377; [1951] HCA 79 Nominal Defendant v Rooskov [2012] NSWCA 43 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; (2003) 77 ALJR 768 Qantas Airways Limited v Cameron (1996) 66 FCR 246 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Savills (NSW) Pty Ltd (ABN 93 002 647 225) (Plaintiff) ATF CTH Pty Ltd (ABN 52 169 623 741) (Defendant) Representation: Counsel: C Wood SC (Plaintiff) A Cheshire SC (Defendant)