Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd [2017] NSWCA 339

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd [2017] NSWCA 339 Hearing dates: 27 October 2017 Date of orders: 21 December 2017 Decision date: 21 December 2017 Before: Beazley P at [1]; Payne JA at [2]; Barrett AJA at [130] Decision: (1) Appeal allowed;

(2) Set aside order 1 made by the primary judge on 11 May 2017 and in lieu make the following orders:

(a) As to the Amended Summons filed on 19 October 2015:

(i) declare that the First Defendant is not entitled to any commission under s 55 of the Property, Stock and Business Agents Act 2002 (NSW) in respect of the exclusive agency agreement between the Plaintiff and the First Defendant dated 15 May 2012;

(ii) the Amended Summons is otherwise dismissed; and

(3) Set aside order 2 made by the primary judge on 11 May 2017 and in lieu make the following orders:

(a) As to the Amended First Cross Summons filed on 5 November 2015:

(i) judgment for the Cross-Claimant against the First Cross-Defendant in the sum of $3,896,804;

(ii) the First Cross-Defendant pay interest on $3,465,724 of the judgment sum at 10% per annum from 18 May 2015 to the date the judgment is entered.

(iii) the First Cross-Defendant pay interest on $431,080 of the judgment sum under s 100 of the Civil Procedure Act 2005 (NSW), at the rates set out in Practice Note SC Gen 16, from 18 May 2015 to the date judgment is entered;

(iv) the Amended First Cross-Summons be otherwise dismissed;