I & E Holdings Pty Ltd t/as Ray White Wellington Point v Coak

The case involved I & E Holdings Pty Ltd t/as Ray White Wellington Point, the seller of a property, and Roslyn Dulcie Coak, the buyer. The dispute arose from the terms of an agreement between the parties regarding the sale of a house. The matter was heard in the Supreme Court of Queensland. The seller, represented by Ray White Wellington Point, appointed Coak to sell the property. An agreement was made that expenses would be charged in accordance with a marketing plan and deducted from the agent's final commission. After the sale, the seller claimed to be relieved from payment of certain expenses and sought to be paid by the buyer instead. The tribunal ordered the buyer to pay the seller, and the buyer appealed this decision.

The central legal issues in the case were whether the tribunal had jurisdiction to order the buyer to pay the seller and if there were grounds for leave to appeal. The buyer argued that the tribunal had no authority to order her to pay the seller and that the seller had already been compensated through the deduction of expenses from the agent's commission. The seller maintained that the tribunal's order was correct and that the expenses should be paid by the buyer as per the agreement.

The court found that the tribunal did not have jurisdiction to order the buyer to pay the seller directly, as the agreement specified that the seller would be compensated through the agent's commission. The court held that the tribunal's decision was therefore incorrect. The court granted leave to appeal and allowed the appeal, setting aside the tribunal's decision. The court ordered the buyer to pay the seller a specified amount within 28 days of the order, and an additional amount if the seller had complied with the tribunal's decision.

The final orders of the court included granting leave to appeal, allowing the appeal, setting aside the tribunal's decision, and directing the buyer to pay the seller $3,044.86 within 28 days of the order. If the seller had complied with the tribunal's decision, the buyer was also ordered to pay an additional $993.45 within 14 days of the date of the order.