Loh Min Choo v State of New South Wales

In the case of Loh Min Choo v State of New South Wales, the plaintiffs, Loh Min Choo and her husband, sought compensation from the Property Services Compensation Fund after the real estate agent failed to account for the proceeds of sale of their property. The matter was heard in the Supreme Court of New South Wales. The primary legal issues for the court to decide were whether the plaintiffs' application was made out of time, when the plaintiffs became aware of the failure to account, the interpretation of beneficial legislation, whether the plaintiffs were entitled to interest, how the limit on the amount recoverable operates when husband and wife claim pecuniary loss, and whether the limit was inclusive of costs.

The court found that the plaintiffs' application was not out of time, as they were deemed to have become aware of the failure to account when the real estate agent went into liquidation. The court also interpreted the relevant legislation to mean that the plaintiffs were entitled to interest on the compensation awarded. Furthermore, the court held that the limit on the amount recoverable applied separately to each plaintiff, meaning that the total recoverable amount could be greater than the statutory limit. Finally, the court found that the limit on the amount recoverable was exclusive of costs, meaning that the plaintiffs could also recover legal costs incurred in pursuing their claim.

The final orders of the court were that the plaintiffs were entitled to compensation from the Property Services Compensation Fund, including interest and legal costs, up to the statutory limit. The court also made a declaration that the limit on the amount recoverable applied separately to each plaintiff.