McGrath and Ors v Y Corp Developments Pty Ltd [2018] NSWCATCD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGrath and Ors v Y Corp Developments Pty Ltd [2018] NSWCATCD 68 Hearing dates: 30 October 2018 Date of orders: 07 November 2018 Decision date: 07 November 2018 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The respondent is to pay to the applicants the sum of $18,063.00 immediately.

2. Should the applicants wish to make an application for costs they should file and serve written submissions within 14 days of the date of these orders.

3. Should the respondent wish to respond to any application of costs that reply should be filed and served within 28 days of the date of these orders where upon any application made will be dealt with on the papers. Catchwords: Retention of deposit paid to agents on sale – entitlement to agent's commission – construction of Real Estate Institute of New South Wales Standard Agency Agreement – whether an agent effectively introduced vendor and purchaser. Legislation Cited: Property and Stock Business Agents Act 2002 ss 36, 55 Cases Cited: Doyle v Mt Kidston Mining and Exploration Pty Ltd [1984] 2 Qd R286 Environment Agency v Empress Car Company Abertillery Ltd [1999] 2 AC 22 Green v Bartlett [1863] 14CB (NS681) Kalice v Borck and Ors [2017] NSWCATAP 46 Ken Wolf Real Estate Pty Ltd v O'Holloran [2012] NSWSC 993 L J Hooker Ltd v W K Adams Estate Pty Ltd [1977] 13 ALR 161 Moneywood Pty Ltd v Salamon Nominees Pty Ltd [2001] HCA 2 Waters v Waghorn [2016] NSWCATAP 247 Category: Principal judgment Parties: Terence Noel McGrath and Jacqueline D'Sylva (Applicants) Y. Corp Developments Pty Ltd t/as First National Real Estate City Centre (Respondent) Representation: Counsel: Mr F Salama (Applicants)