World Square Realty Pty Ltd v Matthew Camilleri; Mathew Camilleri v Feng Chen and Rong Gu [2013] NSWLC 20

Local Court New South Wales

Medium Neutral Citation: World Square Realty Pty Ltd v Matthew Camilleri; Mathew Camilleri v Feng Chen and Rong Gu [2013] NSWLC 20 Hearing dates: 26/03/2013, 05/06/2013 Decision date: 03 December 2013 Jurisdiction: Civil Before: Favretto LCM Decision: Verdict for the Defendant Catchwords: CIVIL PROCEEDINGS - agency agreement - recovery of real estate agent's commission - whether agreement compliant with requirements of the Property, Stock and Business Agents Act 2002 and Regulation - strict compliance required - effective introduction of purchaser Legislation Cited: Property, Stock and Business Agents Act 2002 Property, Stock and Business Agents Regulation 2003 Cases Cited: Investmentsource Corp Pty Ltd v Knox [2002] NSWSC 710 Kukolovski v Georges [2011] NSWSC 359 Moneywood Pty Ltd v Salamon Nominees Pty Ltd [2001] HCA 2 Overmeyer Industrial Brokers Pty Ltd v Campbells Cash & Carry Pty Ltd [2003] NSWCA 305 Terry Pfeiffer Real Estate Pty Ltd v Connors [2000] NSWSC 452 Category: Principal judgment Parties: World Square Realty Pty Ltd (Plaintiff) Matthew Camilleri (Defendant/Cross-Claimant) Feng Chen (1st Cross-Defendant) Rong Gu (2nd Cross-Defendant) Representation: F Salema (for the Defendant) D Oliveri (for the Plaintiff) Jemmeson & Fisher (for the Defendant) File Number(s): 2012/176851

Judgment

Background 1These are proceedings in which the Plaintiff, World Square Realty Pty Ltd, seeks to recover the sum of $53,900 in real estate agent's commission under an agency agreement dated 31 August 2013 following the sale of a property in Concord. 2The Defendant, Mathew Camilleri was the developer and vendor of the property. 3The Defendant has Cross-Claimed on an indemnity basis against the Cross-Defendants, Feng Chen and Rong Gu, who were the purchasers of the property. Default judgment has already been entered in favour of the Defendant against the Cross-Defendants on an indemnity basis.