SUPREME COURT OF QUEENSLAND
CITATION:
Jones v Knobel & Davis Property Services P/L [2008] QCA 105
PARTIES:
KATHLEEN JONES
(appellant/defendant)
v
KNOBEL & DAVIS PROPERTY SERVICES PTY LTD
ACN 057 143 192
(respondent/plaintiff)FILE NO/S:
Appeal No 9811of 2007
DC No 430 of 2005DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
2 May 2008
DELIVERED AT:
Brisbane
HEARING DATE:
18 April 2008
JUDGES:
Muir JA, White and Lyons JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed with costs
CATCHWORDS:
PROFESSIONS AND TRADES – AUCTIONEERS AND AGENTS – REMUNERATION – REQUIREMENT OF APPOINTMENT IN WRITING – where the appellant contracted to sell the land to a purchaser introduced to the appellant by the respondent by a contract of sale dated 2 June 2004 – where the appellant and respondent entered into an agency agreement on 2 June 2004 – where s 140 Property Agents and Motor Dealers Act 2000 (Qld) disentitles a person to recover commission for the performance of an “activity” as a real estate agent unless the person had been properly appointed at the time the activity was performed – where the respondent acted as a real estate agent prior to its appointment in writing – where the respondent only claimed remuneration for work done after having been duly appointed – whether the respondent is prevented by s 140 Property Agents and Motor Dealers Act 2000 (Qld) from recovering its commission
Acts Interpretation Act 1954 (Qld), s 14
Property Agents and Motor Dealers Act 2000 (Qld), s 128, s 133, s 134, s 140Freehold Land Investments Ltd v Queensland Estates Pty Ltd (1970) 123 CLR 418; [1970] HCA 31, cited
Greg Roughsedge Realty Pty Ltd v Whitecross & Anor [2001] 2 Qd R 353: [2001] QCA 426, cited
Moneywood Pty Ltd v Salamon Nominees Pty Ltd (2001) 202 CLR 351; [2001] HCA 2, citedCOUNSEL:
JW Peden for the appellant
KT Magee for the respondentSOLICITORS:
Bennett & Devery for the appellant
Philip Shakespeare for the respondentIntroduction
MUIR JA: The respondent, a licensed real estate agent carrying on business on the Gold Coast commenced proceedings in the District Court against the appellant seeking payment of a commission of $76,120 allegedly payable by the appellant to the respondent in respect of the sale of land owned by the appellant. The statement of claim alleged that by a contract of sale dated 2 June 2004, the appellant contracted to sell the land to a purchaser introduced to the appellant by the respondent in accordance with an agency agreement between the appellant and the respondent, also dated 2 June 2004.
On 8 October 2007, judgment in the sum of $76,120 plus interest and costs was given in the District Court in favour of the respondent.
The only point in issue on the appeal is whether the respondent, having performed work as a real…
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- Case
- [2008] QCA 105
- Decision Date
CaseChat Overview and Summary
The court found that Knobel & Davis was not precluded from recovering its commission. The statutory requirement for a written appointment in section 140 did not prevent Knobel & Davis from claiming remuneration for services performed after the appointment was made. The court reasoned that the act did not expressly prohibit recovery of commission for services rendered post-appointment. The court concluded that Knobel & Davis's actions in claiming commission for services after their appointment did not contravene the statutory provision.
The court dismissed the appeal, with Jones ordered to pay Knobel & Davis's costs. The reasoning was that the written appointment requirement did not extend to bar recovery of commission for services performed after the appointment. The court found that the statutory language did not support such an interpretation and that Knobel & Davis was entitled to recover their commission for services rendered post-appointment.
Orders
Orders of the court
Appeal dismissed with costs
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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