George Ghossayn v Darcsol Pty Ltd t/as Jondarc Realty [2015] NSWCATAP 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: George Ghossayn v Darcsol Pty Ltd t/as Jondarc Realty [2015] NSWCATAP 227 Hearing dates: 25 May 2015 Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member T Simon, Senior Member Decision: Appeal in AP 14/60145 dismissed. Appeal in AP 15/02393 upheld. The appellant to pay the respondent's costs of the hearing below and of the appeal. Catchwords: Appeal – real estate agency - whether agency for sale of residential property – agent's entitlement to commission – oral variation concerning commission - costs Legislation Cited: Civil and Administrative and Tribunal Act 2013 No. 2 Civil and Administrative Tribunal Rules 2014 Property, Stock and Business Agents Act 2002 (NSW), s 55 Property, Stock and Business Agents Regulations 2003 Conveyancing Act 1919 Cases Cited: Investmentsource v Knox [2002] NSWSC 710 Category: Principal judgment Parties: George Ghossayn ( Appellant) Darcsol Pty Ltd ( Respondent) Representation: A Vincent, counsel for the Appellant M Galvin, counsel for the Respondent Solicitors for the appellant: Salim Rutherford Lawyers Solicitors for the respondent: Gadens Lawyers File Number(s): AP 14/60145 & AP 15/02393 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCAT Date of Decision: 14 November 2014 Before: B Howe, General Member File Number(s): COM 13/66139