Moneywood Pty Ltd v Salamon Nominees Pty Ltd

[2001] HCA 2
Judgment date
Case number
B22/2000
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Principal and agent – Commission - Action for recovery of commission by agent - Sale of property - Whether agent was effective cause of sale - Whether engagement or appointment of agent complied with s 76(1)(c) of the Auctioneers and Agents Act 1971 (Q).

Contract – Written agreement to engage agent and oral agreement to pay commission - Terms of the contract - Whether commission payable in respect of sale of part only of the property - Whether appointment of agent complied with s 76(1)(c) of the Auctioneers and Agents Act 1971 (Q).

Words and phrases – "effective cause" - "implied terms" - "evidenced in writing".

Auctioneers and Agents Act 1971 (Q) – s 76(1)(c).

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