Reid v David Gilmour Real Estate Pty Ltd [2019] NSWCATCD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Reid v David Gilmour Real Estate Pty Ltd [2019] NSWCATCD 70 Hearing dates: 4 July 2019 Date of orders: 29 July 2019 Decision date: 29 July 2019 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1 The Tribunal orders the respondent, David Gilmour Real Estate Pty Ltd, to pay to the applicant, Julianne Reid to sum of $4,819.00 immediately. Catchwords: CONSUMER LAW-real estate agents commission-no sale during exclusive agency period-entitlement by principal to terminate exclusive agency during exclusive agency period-no jurisdiction to give declaratory relief- under section 36 of Property Stock and Business Agents Act 2002- review of marketing expenses Legislation Cited: Fair Trading Act (NSW) 1987 Property Stock and Business Agents Act 2002 Competition and Consumer Act (Cwlth) 2010 Texts Cited: JLR Davis, Contract: General Principles- The Laws of Australia (2nd Edition 2012 , Thomson Reuters at 7.2.580) G H L Fridman, The Law of Agency (Seventh Edition, 1996, Butterworths) Category: Principal judgment Parties: Julianne Reid (Applicant) David Gilmour Real Estate Pty Ltd (Respondent) Representation: Self-represented litigant in person (Applicant) Geoffrey Pickering-authorised agent (Respondent) File Number(s): COM 19/14673 Publication restriction: Nil

REASONS FOR DECISION

Application 1. This is an application by a property owner in relation to a property that the property owner listed for sale with the respondent real estate agent. 2. The respondent is a licensed real estate agent and a supplier real estate services including the service of selling real estate on behalf of consumers. 3. The applicant seeks orders against the respondent that the agency agreement entered into, on a date that is disputed but either 24 October 2018 or 26 October 2018, by her with the respondent be declared null and void and for all fees and disbursements paid by her to the respondent be reimbursed to her.