Goldberg v The Graeme Cook Trust (t/a Dynamo Realty

The Goldbergs sought leave to appeal against a decision of the Primary Judge, who found that The Graeme Cook Trust (trading as Dynamo Realty) was not liable for a "finder’s fee" under an agreement with a builder. The dispute centred on the interpretation of the agreement and the identification of the party liable for the fee. The court had to determine whether the builder was liable in their own right or as a body corporate, and if liable as a body corporate, whether the builder was personally liable in lieu of an undisclosed principal. Additionally, the court had to consider whether there was an unauthorised change of party and whether the evidence was sufficient for the Primary Judge to find personal liability.

The court examined the principles governing appeals from primary fact-finding and the criteria for granting leave to appeal. It considered the weight of the evidence and the findings of the Primary Judge, concluding that the evidence was sufficient to support the Primary Judge's findings. The court held that the builder was liable as a body corporate and that there was no personal liability on the part of the builder. The court also found that there was no unauthorised change of party and that the appeal did not meet the criteria for leave.

The reasoning of the Primary Judge was well-founded and the evidence supported the findings. The court held that the appeal was without merit and dismissed the application for leave to appeal. Consequently, the application for leave to appeal was dismissed and no further appeal was permitted.