Greg Roughsedge Realty P/L v Whitecross

Greg Roughsedge Realty P/L, an estate agency, sought to recover commission from Whitecross, another estate agent, for introducing a buyer to the first appellant. The case was heard and determined in the Supreme Court of Queensland, with further appeal to the Court of Appeal. The central issue was whether Whitecross was entitled to commission given that at the time of introducing the buyer, he did not hold a real estate agents licence, as required by the Auctioneers and Agents Act 1971. Additionally, the court needed to determine whether the terms of engagement between the parties satisfied statutory requirements and whether the written appointment in the contract met the conditions of section 76(1)(c) of the Act.

The Court of Appeal found that Whitecross was not entitled to commission. The court held that the respondent did not hold a real estate agents licence at the time of introducing the buyer, contravening the statutory requirement. Furthermore, the court interpreted the term "transaction" in section 76(1) of the Act to mean the entire process from the introduction of the buyer to the execution of the contract, rather than just the initial introduction. As the contract that emerged did not identify Whitecross as the appellant’s agent, and the later contract superseded the initial one, Whitecross did not meet the statutory conditions for entitlement to commission. Consequently, the appeal was allowed, the original judgment was set aside, and judgment was ordered in favour of the defendant.

In its final orders, the court dismissed the cross-appeal and ordered Whitecross to pay the costs of the trial and the appeal.