Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall [2019] NSWDC 724

District Court New South Wales

Medium Neutral Citation: Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall [2019] NSWDC 724 Hearing dates: 16-17 September 2019; 12-13 November 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the defendants against the plaintiffs. (2) The plaintiffs are to pay the defendants' costs of the proceedings as agreed or assessed. (3) Liberty to the parties to apply within 14 days for a different costs order to that set out in (2) above. Catchwords: Contract – principal and agent – action for recovery of commission by real estate agent – sale of property – whether agent was the effective cause of sale – form and effect of agreements signed by real estate agent – effect of conduct by unlicensed real estate agent – whether unlicensed real estate agent entitled to claim commission – whether unlicensed real estate agent paid commission - whether estoppel established Legislation Cited: Property, Stock and Business Agents Act 2002 (NSW) Property, Stock and Business Agents Regulation 2014 (NSW) Cases Cited: Berben v Hedditch (1982) NSW Conv R 55-081 Caringbah Investments Pty Ltd v Caringbah Business & Sports Club Ltd (in liquidation) [2016] NSWCA 165 Cherry v Steele-Park [2017] NSWCA 295 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Emmons Mount Gambier Pty Ltd v Specialist Solicitors Network Pty Ltd [2005] NSWCA 117 Management Services Australia Pty Ltd t/as Peak Performance PM v PM Works Pty Ltd [2019] NSWCA 107 Prestige Residential Marketing Pty Ltd v Depune Pty Ltd [2008] NSWCA 179 Category: Principal judgment Parties: Noel Outerbridge trading as Century 21 Plateau Lifestyle Real Estate (First Plaintiff) Lynette Outerbridge trading as Century 21 Plateau Lifestyle Real Estate (Second Plaintiff) Brian Richard Hall (First Defendant) Marlene Ann Bentino (Second Defendant) Representation: Counsel: D Rayment (Plaintiffs) M Southwick (Defendants)