Kukulovski v Georges

The case of Kukulovski v Georges involved a dispute between an estate agent, which was in liquidation, and its principals who were the defendants. The agent sought to determine its entitlement to a commission, but the principals argued that the agent was not entitled to the commission and sought to recover the balance of a deposit held by the agent. The court was tasked with deciding the entitlement to the commission and the costs associated with the proceedings. The key legal issue before the court was whether the estate agent was entitled to a commission for its services, and if not, whether the costs of the proceedings should be awarded against the liquidator of the estate agent.

The court determined that the estate agent was not entitled to the commission as it had not established its right to the commission. Consequently, the principals were entitled to recover the balance of the deposit held by the estate agent. The court further considered the issue of costs, ruling that an order should be made against the estate agent as the unsuccessful party. However, the court held that the order should not be made against the liquidator because there was no dereliction by the liquidator and the proceedings were substantive in nature from the outset, with the principals joined as defendants at the beginning.

The final orders of the court were that the estate agent was not entitled to the commission it sought, and the principals were entitled to recover the balance of the deposit held by the estate agent. Additionally, the court ordered that costs be awarded against the estate agent as the unsuccessful party. The court explicitly stated that no costs order should be made against the liquidator, given the circumstances of the case.