Lightfoot v Riley

Lightfoot (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's entitlement to a commission on the sale of a property. The respondent, Riley, had been engaged by the appellant to sell the property and claimed entitlement to a commission despite the sale being effected by another agent.

The primary legal issue before the Court of Appeal was whether the respondent had established a breach of contract by the appellant, specifically whether the appellant had wrongfully prevented the respondent from completing the sale and earning their commission. This involved an examination of the terms of the agency agreement and the conduct of the parties in relation to the sale process.

The Court of Appeal found that the respondent had not established that the appellant had wrongfully prevented the sale from being completed through the respondent's agency. The evidence did not support a finding that the appellant had acted in bad faith or had deliberately frustrated the respondent's efforts to sell the property. Consequently, the respondent had not demonstrated a breach of contract that would entitle them to a commission. The appeal was allowed.