Laoulach v Lee Commercial Investments [2006] NSWSC 547

New South Wales Supreme Court

CITATION : Laoulach v Lee Commercial Investments [2006] NSWSC 547

HEARING DATE(S) : 31/05/06

JUDGMENT DATE : 1 June 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 06/01/2006

DECISION : See para 60 of the judgment.

CATCHWORDS : REAL PROPERTY – Injunctions – Defendant agreed to pay third party commission on sale of lots of property in Queensland – Third party not licensed as real estate agent in Queensland – Third party agreed to assign to first plaintiff commission payable by defendant – Defendant disputed obligation to pay first plaintiff commission – Defendant and third party executed irrevocable authority agreeing to pay first plaintiff commission – Where irrevocable authority allegedly executed by person acting without authority of defendant – Where irrevocable authority allegedly procured through duress – Where irrevocable authority allegedly invalid for failure of consideration – Whether serious question to be tried that defendant bound by agreement to pay first plaintiff – Whether serious question to be tried that first plaintiff entitled to injunctions restraining defendant from distributing proceeds of sale of lots of property – Interlocutory relief granted - PRACTICE & PROCEDURE – Cross-vesting – Application for transfer of proceedings to Supreme Court of Queensland – Section 5(2)(b) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – Where balance of convenience as to parties and witnesses even – Where subject matter of proceedings is land in Queensland – Where resolution of proceedings likely to involve interpretation of Queensland statute for which there is no New South Wales equivalent – Whether Queensland is the "more appropriate forum" – Application for transfer of proceedings granted.