Barry v Coshott

Barry v Coshott concerned a dispute between a vendor, Barry, and a real estate agent, Coshott, regarding the commission payable on the sale of a property. Barry had engaged Coshott to sell his property and had signed an exclusive agency agreement. During the currency of this agreement, Barry sold the property privately to a purchaser introduced by Coshott. Barry subsequently refused to pay Coshott the agreed commission, leading to the present proceedings in the District Court of New South Wales.

The central legal issue before Judge Driver was whether Coshott was entitled to commission under the exclusive agency agreement, notwithstanding Barry's contention that the purchaser was not introduced by Coshott. The court was required to interpret the terms of the exclusive agency agreement and determine the scope of Coshott's entitlement to commission, particularly in circumstances where the vendor claimed to have introduced the purchaser independently.

Judge Driver found in favour of Coshott, holding that the exclusive agency agreement entitled Coshott to commission if the property was sold to a purchaser introduced by Coshott during the term of the agreement, or to a person who had previously been introduced to the property by Coshott. The court determined that the purchaser in this instance had indeed been introduced to the property by Coshott during the currency of the exclusive agency agreement. Consequently, Barry was liable to pay Coshott the agreed commission.