NSW Caselaw
New South Wales Court of Appeal
CITATION: Emmons Mount Gambier Pty Ltd v Specialist Solicitors Network Pty Ltd [2005] NSWCA 117
HEARING DATE(S): 5 April 2005
JUDGMENT DATE: 26 April 2005
JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Stein AJA at 8
DECISION: 1. Appeal allowed; 2. Verdict and judgment of the trial judge set aside and in lieu thereof a verdict and judgment entered for the appellant; 3. The respondent to pay the appellant's costs of the proceedings appealed from and the appeal but receive a Suitor's Fund Certificate with respect to the appeal, if otherwise entitled.
CATCHWORDS: CONTRACT - commission for sale of property - agent - second agent - effective cause of sale - onus of proof - continuing influence of initial efforts - importance of initial introduction - importance of negotiation on price - second independent introduction. (ND)
Burchell v Gowrie [1910] AC 614 Ryan v Horton (1911) 12 CLR 197 CASES CITED: Moneywood Pty Limited v Salamon Nominees Pty Limited (2000) 202 CLR 351 Baker v Leonard Oades Pty Ltd (1964-5) NSWR 1745 L J Hooker Ltd v W J Adams Estates Pty Ltd (1977) 138 CLR 52
Emmons Mount Gambier Pty Ltd - Applicant PARTIES: Specialist Solicitors Network Pty Ltd - Respondent
FILE NUMBER(S): CA 40730/04
Mr S Rares SC with Mr M Pearce - Appellant COUNSEL: Mr M Walton SC with Mr J Hmelnitsky - Respondent
Middletons Lawyers - Appellant SOLICITORS: Gells Lawyers - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 420/03
LOWER COURT JUDICIAL OFFICER: Twigg DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40730/04 DC 420/2003
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