NSW Caselaw
New South Wales Supreme Court
CITATION : TERRY PFEIFFER V CONNORS [2000] NSWSC 452 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11974 of 1999 HEARING DATE(S) : 15 May 2000 JUDGMENT DATE : 30 May 2000
PARTIES : Terry Pfeiffer Real Estate Pty Limited (Plaintiff) Peter Connors and Vivien Ann Connors (Defendants) JUDGMENT OF : Windeyer J at 1
LOWER COURT Local Court JURISDICTION : LOWER COURT 11302/98 FILE NUMBER(S) : LOWER COURT Magistrate J R Dive JUDICIAL OFFICER :
COUNSEL : Mr R.S. Angyal (Plaintiff) Mr A Ridley (Defendants) SOLICITORS : Holman Webb (Plaintiff) Somerville & Co (Defendants) CATCHWORDS : CONTRACT - principal and agent - sole agency agreement for sale of real estate - Property Stock and Business Agents Act 1941 - failure to comply with requirements under Act to serve copy of agreement - whether this entitled vendor to refund of commission paid - whether right to refund waived by election - APPEAL - appeal from Local Court on question of law - whether reversal of onus - whether Magistrate failed to give adequate reasons - LAW REFORM - Property Stock and Business Agents Act 1941 s42AA - desirability of amendment to prevent unconscionable gains LEGISLATION CITED : Interpretation Act 1987 s76 Property Stock and Business Agents Act 1941 s42AA(1), 42AA(1)(c), 42AA(1)(e), 42AA(4) CASES CITED : Sargent v ASL Developments Limited (1974) 131 CLR 634 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 DECISION : See paragraph 17
12 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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