Lewisham Estates Pty Ltd v LMW Advisory Group Pty Limited [2014] NSWCATCD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lewisham Estates Pty Ltd v LMW Advisory Group Pty Limited [2014] NSWCATCD 65 Hearing dates: 20 and 21 March 2014 Decision date: 06 May 2014 Before: S Thode, Senior Member Decision: The Tribunal declares that the commission in the amount of $533,500.00 is not due or owing by the applicant to the respondent. The parties are to liaise and approach the Tribunal if a hearing on the question of costs is required. If a hearing is required the parties must inform the Tribunal within seven days of the making of these orders. If a hearing on the question of costs is not required, the applicant shall provide to the Tribunal and the respondent written submissions on the question of costs of no more than three pages in length within 7 days of the making of these orders. The respondent shall provide to the Tribunal and the applicant written submission on the question of costs of no more than three pages in length within 14 days of the making of these orders. Catchwords: Principal Agent -Commission-Contract Formation-Agreement in Writing Legislation Cited: Property Stock and Business Agents Act 2002 (NSW) Category: Principal judgment Parties: Lewisham Estates Pty Ltd (applicant) LMW Advisory Group Pty Limited (respondent) Representation: Mr A Henskens SC and Mr P Folino-Gallo for the applicant Mr D Pritchard SC for the respondent File Number(s): COM 12/50563

reasons for decision

APPLICATION 1The applicant sought declaratory relief pursuant to section 8 of the Consumer Claims Act 1998 that it did not have to pay commission in the sum of $533,500.00 to the respondent. 2In the alternative the applicant claimed that the agency fee was unreasonable and ought to be substituted for a lesser, reasonable amount.