Millar v Cox

The case of Millar v Cox involved a dispute between Michael Millar and Gayle Cox, a property agent, concerning the commission payable for the sale of a property. The matter was initially heard and decided by the Queensland Civil and Administrative Tribunal, which found in favour of Cox, ordering Millar to pay her commission. Millar then sought leave to appeal this decision to the Supreme Court of Queensland.

The central legal issues in this case were whether Cox was entitled to commission on the sale of the property, and whether the tribunal's decision should be set aside. A significant point of contention was the form used by Cox to claim commission, which Millar argued was invalid. Millar further contended that the tribunal had misapplied the law in ordering him to pay Cox commission.

In granting leave to appeal and allowing the appeal, the Court found that the tribunal had indeed erred in ordering Millar to pay Cox commission. The Court held that Cox had provided an invalid form, which rendered her claim unenforceable. Additionally, the tribunal had failed to adequately consider the proper application of the law concerning the validity of the commission claim. As a result, the decision of 29 September 2015 was set aside, and the tribunal's order was dismissed. If Millar had made any payment to Cox, he was ordered to be refunded by Cox by a specified date.