Hanna v BOS Holdings Pty Ltd [2018] NSWCATAP 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v BOS Holdings Pty Ltd [2018] NSWCATAP 248 Hearing dates: 23 May 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: 1 For the above reasons we order that the appeal be dismissed.

2 As to the costs of the appeal, the respondent has sought an order for the payment of its costs of the appeal. The appellants have asked to be heard on the question of the costs of the appeal. Accordingly, we make the following directions:

(1) Within 14 days of the date of these reasons, the appellants are to provide to the Registry of the Appeal Panel and to the respondent written submissions on the question of the costs of the appeal and as to whether that question can be determined on the papers thereby dispensing with any oral hearing concerning that question.

(2) Within 14 days after receipt of the above written submissions, the respondent is to provide to the Registry of the Appeal Panel and to the appellants its written submissions in reply. Catchwords: APPEAL- real estate agent's commission - agency agreement's – non- compliance with regulations – non- compliance excused and did not disentitle agent to commission – no appealable error demonstrated. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules Fair Trading Act 1987 Property, Stock and Business Agents Act 2002 Property, Stock and Business Agents Regulation 2014 Cases Cited: Beyond 2000 Investments Pty Ltd v Ben Boyd Real Estate Pty Ltd [2016] NSWCATCD. Category: Principal judgment Parties: Samir & Thikra Hanna v BOS Holdings Pty Ltd trading as BOS Realty Representation: Counsel: JM Whitaker (Appellants)