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Advisory Services Pty Ltd v Augustin

Advisory Services Pty Ltd v Augustin

Case [2017] VCC 1195

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AGLC: Advisory Services Pty Ltd v Augustin [2017] VCC 1195
Case: [2017] VCC 1195
Decision Date: 29 August 2017

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Citations

Advisory Services Pty Ltd v Augustin [2017] VCC 1195

Most Recent Citation

CBA v MTC Diesel Pty Ltd [2019] VCC 639

Cases Citing This Decision

Advisory Services Pty Ltd (trading as Ray White St Albans) v Augustin & Anor [2018] VSCA 95
Citation 1 (Para 1)

…act.[4] The trial judge found that, whether or not an agent is entitled to a rebate, s 49A(4)(c) applies.[5] [3] Advisory Services Pty Ltd v Augustin [2017] VCC 1195 [24]–[35] (‘Reasons’), citing Icon Property Pty Ltd v Wood [2008] VSCA 123 [73], Maxwell v Moorabool Developments Pty Ltd [2004] VSC 392 [210] (‘ Max…
Funston v CCSS Pty Ltd [2021] VSC 24
Citation 2 (Para 1)

…ect consumers before entering an agreement); and the obiter comments of Justice Elliott in Hamilton Finley Pty Ltd v Aojia Investment Pty Ltd .[8] [6][2017] VCC 1195; Advisory Services Pty Ltd (trading as Ray White St Albans) v Augustin & Anor [2018] VSCA 95 (‘ Advisory Services ’). [7][2015] VSC 77. [8][2017] VSC…
Sutherland v Globe Real Estate Pty Ltd [2018] VSC 408
Citation 3 (Para 1)

…i) of the Act ( the rebate requirement ).[15] The defendant responded that it would strenuously oppose the application, for a variety of reasons. [14][2017] VCC 1195. [15]Affidavit of Bill Gioutlou made 27 September 2017, exhibit BG-9 ( second Gioutlou affidavit ).…
Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205
Citation 4

…(2013) 250 CLR 640; Advisory Services Pty Ltd (trading as Ray White St Albans) v Augustin [2018] VSCA 95; Advisory Services Pty Ltd v Augustin & Anor [2017] VCC 1195 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; Australian Securities and Investments Commissi…
Reliance Taylors Lakes Pty Ltd v Latin America Pty Ltd [2020] VCC 1584
Citation 5

…Pty Ltd v Booth (1983) 153 CLR 153; Sumampow v Mercator Property Consultants Pty Ltd [2005] WASCA 64; Advisory Services Pty Ltd v Augustin & Anor [2017] VCC 1195 Judgment: 1. Within 14 days of this day the parties must bring in short Minutes to give effect to these reasons. 2. Costs reserved.…
Melbourne Property v St Kilda Estates (interest and costs) [2020] VCC 1418
Citation 6 (Para 3)

…ting to the validity of an exclusive sales agreement in the context of s49A of the Act. In that decision, Advisory Services Pty Ltd v Augustin & Anor [2017] VCC 1195, I found that the relevant agent was not entitled to sue for commission in the absence of the exclusive sales authority in question containing a stat…
Melbourne Property v St Kilda Estates [2020] VCC 570
Citation 7 (Para 3)

…I reject this interpretation. As set out in the decision at first instance in Advisory Services Pty Ltd v Augustin & Anor [2017] VCC 1195, at [64]-[65]: … the effect of s49A(4) is that the Authority must be in a form approved by the Director and contain the matters set out in s49A(1). There are other matters that…
CBA v MTC Diesel Pty Ltd [2019] VCC 639
Citation 8

…Storage Liens Act 1935 (NSW); Storage Liens Act 1973 (Qld); Warehouseman’s Liens Act 1952 (WA); Warehousemen’s Lien Act 1958 (Vic). Cases Cited: Advisory Services Pty Ltd v Augustin (2017) CCV 1197; David v Moss (Unreported, Charteris DCJ, 1 September 2011); Egglishaw v Australian Crime Commission [2010] FCAFC 82; Electrolux Home Products P…

Cases Cited

Statutory Material Cited

CA & CA Ballan Pty Ltd v Oliver Hume (Australia) Pty Ltd [2017] VSCA 11
Citation 1

…34 The Court of Appeal upheld Cameron J’s decision to grant leave to amend in CA & CA Ballan Pty Ltd v Oliver Hume (Australia) Pty Ltd [2017] VSCA 11. The Court of Appeal did not comment on the merits of the principal claim in the proceeding (that the agent was not entitled to commission because of the non-compli…
Icon Property Pty Ltd v Wood [2008] VSCA 123
Citation 2

…erty Pty Ltd & Anor v Wood & Anor [2008] VSCA 123, the Court of Appeal considered the question as to whether an estate agent’s authority under which a property had already been sold once would constitute sufficient compliance with the s49A(1) requirement that the agent hold a written engagement or appointment that…
ASIC v Rich [2007] NSWSC 39
Citation 3

…n favour of the subject of it, which here is Advisory : R v Adams (1935) 53 CLR 563 at 567-8, Beckwith v R (1976) 135 CLR 569 at 576, and Rich v ASIC (2004) 220 CLR 129.…
Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40
Citation 4

…protection for what has been termed “the principle of legality” . Advisory refers to Electrolux Home Products Pty Ltd v Australian Workers Union (2004) 221 CLR 309 at 329 where Gleeson CJ said:…
Re Peat Resources of Australia Pty Ltd; ex parte Pollock [2004] WASCA 122
Citation 5

…udes reading “or” for “and” where the purpose of the legislation suggests such an interpretation: Re Peat Resources Australia Pty Ltd (2004) 181 FLR 454 at 460. It says this interpretation is desirous because it assumes the Director who is charged with the task of approving the form under the Act knows what he is doi…
CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2
Citation 6

…by the wording of the Authority. It says in construing s49A(4)(c), it should be read in its context: CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 at 408. It says that a rebate is only relevant if there are expenses which the agent is requiring the vendors to pay. It says that the question of an…
Coco v the Queen [1994] HCA 15
Citation 7

…not intend to invade the common law right to payment for work done under a contract or on a quantum meruit basis. Advisory relies on Coco v the Queen (1994) 179 CLR 427 at 437 where the High Court stated:…
Beckwith v the Queen [1976] HCA 55
Citation 8

…ecuniary penalty, that should be resolved in favour of the subject of it, which here is Advisory : R v Adams (1935) 53 CLR 563 at 567-8, Beckwith v R (1976) 135 CLR 569 at 576, and Rich v ASIC (2004) 220 CLR 129.…
R v Adams [1935] HCA 62
Citation 9

…o the meaning of a provision imposing a pecuniary penalty, that should be resolved in favour of the subject of it, which here is Advisory : R v Adams (1935) 53 CLR 563 at 567-8, Beckwith v R (1976) 135 CLR 569 at 576, and Rich v ASIC (2004) 220 CLR 129.…
Oliver Hume (Australia) Pty Ltd v Land Source Australia Pty Ltd & Ors (No 2) [2016] VSC 72
Citation 10

…td & Ors (No 2) [2016] VSC 72 (the Oliver Hume No 2 case), appealed to the Court of Appeal on issues including those that were raised in the Oliver Hume No 1 case. The Court of Appeal judgment from the appeal in the Oliver Hume No 2 case does not contain any adverse comment or qualification expressed by the Cour…
Oliver Hume (Australia) Pty Ltd v Land Source Australia Pty Ltd [2015] VSC 77
Citation 11

…ource Australia Pty Ltd [2015] VSC 77 (the Oliver Hume No 1 case), an agent sought to recover and/or retain commission it had been paid under a sales authority which omitted the rebate prohibition statement required by s49A(4)(c) of the Act. Cameron J, in deciding an interlocutory application as to whether leave…
Westpac Banking Corporation v Tesoro [2012] VSC 182
Citation 12 (Para 27)

…er Code , contained within Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth), Lansdowne J, in Westpac Banking Corporation v Tesoro [2012] VSC 182, commented at [27]-[28]:…
Ottedin Investments Pty Ltd v Portbury Developments Co Pty Ltd [2011] VSC 222
Citation 13

…here unambiguous words are used in a statute, words cannot be implied to avoid an inconvenient result. In Ottedin Investments v Portbury Developments [2011] VSC 222, Dixon J considered similar arguments to those put by Advisory in this case, that the definition of “deposit” in s29A(2) of the Sale of Land Act 1962…
Maxwell v Moorabool Developments Pty Ltd [2004] VSC 392
Citation 14 (Para 210)

…rabool Developments Pty Ltd [2004] VSC 392 at [210], Habersberger J summarised the defendants’ submissions with evident approval (though they were not accepted in the case before him by reason of his finding that the agent in that case was not acting as an estate agent but rather was a joint venturer): “It was su…

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