Hirsch Rees & Associates Pty Limited v The Trustees of the Moriah College Building Fund

Hirsch Rees & Associates Pty Limited (the plaintiff) brought proceedings against The Trustees of the Moriah College Building Fund (the defendant) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the plaintiff's entitlement to commission for services rendered in connection with the sale of a property.

The primary legal issue before the Court of Appeal was whether the plaintiff had established a breach of contract by the defendant, specifically in relation to the defendant's alleged failure to pay commission due under an agreement. The court was required to determine if the plaintiff had fulfilled its contractual obligations and, if so, whether the defendant had wrongfully repudiated the contract or otherwise breached its terms.

The Court of Appeal considered the terms of the agency agreement and the conduct of the parties. It applied principles of contract law, including the requirements for establishing a breach and the consequences of repudiation. The court found that the plaintiff had not established a breach of contract on the part of the defendant, and therefore, the plaintiff was not entitled to commission.

The appeal was dismissed.