Vameba Pty Ltd v William Simpson (No. 2) [2007] NSWDC 128

New South Wales District Court

CITATION: Vameba Pty Ltd v William Simpson (No. 2) [2007] NSWDC 128

HEARING DATE(S): 14 May 2007 - 16 May 2007

JUDGMENT DATE: 14 June 2007

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: Verdict and Judgment for the Defendants.

CATCHWORDS: Claim for Commission by Real Estate Agent - Whether Conjunction Agreement entered into as a result of fraudulent misrepresentation - Termination of Conjunction Agreement - Consideration of whether agent was effective cause of sale

Trade Practices Act 1974 (Cth) s 52 LEGISLATION CITED: Property, Stock & Business Agents Act 2002 s 55 (1) (b) Property, Stock & Business Agent Regulation 2003 Clause 13

Sunbird Plaza Pty Limited v Maloney (1988) 166 CLR 245 at 262 Shepherd v Felt & Textiles of Australia Limited (1931) 45 CLR 359 CASES CITED: L J Hooker Limited v W J Adams Estates Pty Limited (1977) 138 CLR 52 at 67-68 Emmons Mt Gambier Pty Limited v Specialist Solicitors Network Pty Limited (2005) NSW CA 117 Baker v Leonard Oades Pty Limited (1964-5) NSW R1745

Vameba Pty Ltd (Plaintiff) PARTIES: William Simpson (1st Defendant) Gail Simpson (2nd Defendant) Malouf Real Estate Pty Ltd (3rd Defendant

FILE NUMBER(S): 367/06; 1821/07

COUNSEL: S B Docker (Plaintiff) J J Loofs (Defendants)

JUDGMENT

INTRODUCTION

1 Proceedings 367/06 and 1821/07 were heard together. They arise out of the sale of 8 Fisher Avenue Vaucluse ("Property"), which was owned by Dr William Simpson and Mrs Gail Simpson ("Vendors").

2 The Plaintiff is a real estate agent which entered into an agency agreement with the Vendors on 2 July 2005 concerning the sale of the Property (exhibit A, "Ray White Agency Agreement").