Gandy v Guardian Real Estate (NSW) Pty Ltd [2016] NSWSC 821

Supreme Court New South Wales

Medium Neutral Citation: Gandy v Guardian Real Estate (NSW) Pty Ltd [2016] NSWSC 821 Hearing dates: 12 May 2016 Date of orders: 20 June 2016 Decision date: 20 June 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to s 41(1)(a) of the Local Court Act 2007 (NSW), the order of the Local Court is varied to substitute the amount of $24,840 to be paid to the defendant in these proceedings in lieu of the amount of $25,000. The orders of the Local Court are otherwise confirmed. 2. Leave to appeal on ground 4 is refused. 3. Summons otherwise dismissed. 4. Costs of these proceedings are awarded in favour of the defendant. Catchwords: APPEAL - issues of mixed law and fact - appeal from findings of Local Court pursuant to ss 39 and 40 of the Local Court Act 2007 (NSW) - real estate agent entitlement to commission where the sale of property did not complete – mixed grounds of errors of fact and law – question of leave Legislation Cited: Evidence Act 1995 (NSW) Local Court Act 2007 (NSW) Property Stock and Business Agents Act 2002 (NSW) Cases Cited: Be Financial Operations Trust v Das [2012] NSWCA 164 Bitannia Pty Ltd & Anor v Parkline Constructions Pty Ltd [2006] NSWCA 238 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; (2004) 60 NSWLR 127 Category: Principal judgment Parties: John Gandy (First Plaintiff) Vanessa Gandy (Second Plaintiff) Guardian Real Estate (NSW) Pty Ltd (First Defendant) Representation: Counsel: Mr T Flaherty (First and Second Plaintiff) Mr M Heath (First Defendant)