Ozzy States Pty Ltd v Norton Property Group Pty Ltd & Anor [2019] NSWDC 145

District Court New South Wales

Medium Neutral Citation: Ozzy States Pty Ltd v Norton Property Group Pty Ltd & Anor [2019] NSWDC 145 Hearing dates: 26 March 2019, 28 March 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and Verdict for the plaintiffs against the defendants in the sum of $178,000.

(2) Interest thereon calculated pursuant to the rates prescribed from time to time in Practice Note DC (Civil) No. 15.

(3) The cross-claim to be dismissed.

(4) That the plaintiffs file and serve any written submissions which they may be advised to make in relation to the issue of costs, on or before 17 May 2019.

(5) That the defendants file and serve any written submissions in response, on or before 24 May 2019.

(6) That pending any further order, the issue of costs raised by the submissions referred to in Orders 4 and 5, be determined by me on the papers. Catchwords: CONTRACTS – construction – principles – standard form agency agreement – application of "reasonable business person" test- whether reference to "contract for the purchase of the Property" includes call option agreement – juristic nature of call option agreement - where grantee of option had no obligation to purchase – where options never exercised – where plaintiff advanced part-commission to agent

CONTRACTS – misleading or deceptive conduct – representations – where defendant incorrectly asserted that payment due under agency agreement – where plaintiff advanced part-commission to agent- whether representations causative of plaintiff's loss – whether second defendant knowingly concerned in, and party to, first defendant's contravention