Calabria Community Club Ltd v Christer Nominees Pty Ltd

The dispute before the New South Wales Court of Appeal concerned a claim for commission and expenses by Christer Nominees Pty Ltd (the respondent) against Calabria Community Club Ltd (the appellant). The respondent, a licensed real estate agent, had been engaged by the appellant to sell a property. The core of the disagreement revolved around the authority of one of the appellant's directors to sign the agency agreement and the subsequent entitlement of the respondent to commission and expenses.

The Court was required to determine whether the director who signed the agency agreement had the implied actual authority to bind the appellant. Additionally, the Court had to consider whether the respondent had satisfied the service requirements under section 55(1)(c) of the *Property, Stock and Business Agents Act 2002* (NSW), and if not, whether relief should be granted under section 55A of the Act. The Court also considered whether the issue of the director's authority had been properly raised in the pleadings at the trial level.

The Court found that there was sufficient reason to infer the board's authorisation for the director to sign the agreement, particularly in the absence of evidence from the appellant's board to the contrary, drawing inferences against the appellant under the principles established in *Jones v Dunkel*. Regarding the service requirements, the Court determined that the respondent had not met the statutory obligations. However, the Court declined to grant relief under section 55A, finding that the circumstances did not militate in favour of such an order. The Court also held that it would be unfair to the respondent to consider the director's authority as a conceded issue, given that it was not properly pleaded and the respondent's counsel had attempted to address it on the run.

The Court of Appeal ordered an extension of time for the appellant to file its notice of intention to appeal, but ultimately dismissed the appeal and ordered the appellant to pay the respondent's costs.