Dovaenda Pty Ltd v Pagliari and Anor

Dovaenda Pty Ltd sued Marco Pagliari and Marie-Therese Pagliari over the purchase of a residential property. The dispute arose from an allegation that the real estate agent had made false representations regarding the nature of construction works occurring next door to the property. The case was heard in the Supreme Court of New South Wales.

The court was required to determine whether the real estate agent had indeed made false representations and whether the defendants had a valid claim for misrepresentation. The court also needed to decide whether the plaintiff was entitled to forfeit the deposit paid by the defendants and whether the third party, who held the deposit, was required to release it to the plaintiff.

The court found that the real estate agent had made false representations regarding the construction works, which amounted to misrepresentation. Consequently, the plaintiff was entitled to forfeit the deposit. The court also determined that the defendants' counterclaim against the plaintiff was dismissed. Additionally, the plaintiff's claim against the third party and the third party's counterclaim against the plaintiff were dismissed. The court ordered that the plaintiff was entitled to receive the deposit held by the third party, subject to the deduction of agent's commission and interest.

The final orders of the court were that the plaintiff was awarded damages against the defendants, the deposit held by the third party was to be paid to the plaintiff after the deduction of agent's commission and interest, and the costs of the proceeding were to be paid by the defendants.