NSW Caselaw
New South Wales Supreme Court
CITATION : Hawk Australia Pty Ltd v George Ambrose Commercial Pty Ltd [2007] NSWSC 1150
HEARING DATE(S) : 4/10/07
JUDGMENT DATE : 17 October 2007
JUDGMENT OF : Bell J at 1
DECISION : 1. Allow the appeal and set aside the judgment given in the Local Court on 29 March 2007 and substitute therefor judgment for the plaintiff; 2. The defendant is to pay the plaintiff's costs in this Court and in the Court below.
CATCHWORDS : Property, Stock and Business Agents Act 2002 - meaning of "real estate agent" - whether claim barred by operation of s 9(2)
Conveyancing Act 1919 LEGISLATION CITED : Local Courts Act 1982 Property, Stock and Business Agents Act 2002
Colonial Mutual Life Assurance Society Limited v The Producers and Citizens Co-operative Assurance Company of Australia Limited (1931) 46 CLR 41 Farrell v Bannister (1952) 52 SR(NSW) 73 International Harvester Co of Australia Pty Ltd v Carrigan's Hazeldene Pastoral Co (1958) 100 CLR 644 CASES CITED : LJ Hooker Limited v WJ Adams Estates Pty Limited (1976-1977) 138 CLR 52 Magnate Projects Pty Ltd v Youma Constructions (No. 2) Pty Ltd [2005] NSWCA 3 Petersen v Moloney (1951) 84 CLR 91 Pettitt v Dunkley (1971) 1 NSWLR 376 Sittingbourne Urban District Council v Lipton [1931] 1 KB 539
PARTIES : Hawk Australia Pty Ltd (Plaintiff) George Ambrose Commercial Pty Ltd (Defendant)
FILE NUMBER(S) : SC 11978/07
COUNSEL : T Bors (Plaintiff) M Dulhunty (Defendant)
SOLICITORS : Robinson Legal (Plaintiff) Slater & Gordon Lawyers (Defendant)
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