Williams v ATM & CPA Projects Pty Limited [2015] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: Williams v ATM & CPA Projects Pty Limited [2015] NSWSC 703 Hearing dates: 11, 12, 13, 18 and 19 May 2015 Decision date: 05 June 2015 Before: Ball J Decision: The proceedings be dismissed with costs. Catchwords: CONTRACTS – general contractual principles – construction and interpretation of contracts – identification of parties to the agreement – whether exclusivity period and right to commission can be read independently CONTRACTS – general contractual principles – abandonment – whether agreement was abandoned by parties attempting to procure a purchase in terms other than those described in the agreement – whether agreement was abandoned by parties seeking to negotiate an alternative agreement TRADE AND COMMERCE – misleading or deceptive conduct – turns on own facts PROFESSIONS AND TRADES – auctioneers and agents – remuneration – Property, Stock and Business Agents Act 2002 (NSW) s 8 – whether plaintiffs precluded from recovering commission for services performed as a real estate agent – whether plaintiffs were real estate agents as per the Act Legislation Cited: Australian Consumer Law ss 4, 18 Property, Stock and Business Agents Act 2002 (NSW) s 8 Cases Cited: Challenger Group Holdings Ltd v Concept Equity Pty Ltd [2008] NSWSC 801 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 Fairway Estates Pty Ltd v Federal Commissioner of Taxation [1070] HCA 29; (1970) 123 CLR 153 Hyundai Merchant Marine Co Ltd v Dartbrook Coal (Sales) Pty Ltd [2006] FCA 1324; (2006) 236 ALR 115 Peters (WA) Ltd v Petersville Ltd [2005] HCA 45; (2001) 205 CLR 126 Re Griffin; Ex parte The Board of Trade (1890) 60 LJQB 235 Simpson v Donnybrook Properties Pty Ltd [2010] NSWCA 229 Stirling v Maitland (1864) 5 B & S 840; (1864) 122 ER 1043 Summers v The Commonwealth [1918] HCA 33; (1918) 25 CLR 144 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Michael Williams (First Plaintiff) Graham Morison (Second Plaintiff) Solglen Pty Ltd ACN 002 376 481 (Third Plaintiff) ATM & CPA Projects Pty Limited ACN 116 458 407 (First Defendant) Tony Merhi (Second Defendant) Representation: Counsel: DEJ Ryan SC (Plaintiffs) RM Smith SC and G Moore (Defendants)