Moneywood Pty Ltd v Salamon Nominees Pty Ltd

The High Court of Australia heard an appeal from the Court of Appeal of Queensland concerning a dispute over real estate agent commission. Moneywood Pty Ltd (the agent) sought to recover commission from Salamon Nominees Pty Ltd (the vendor) for the sale of land. The core of the dispute revolved around whether the agent had been effectively engaged in writing as required by section 76(1)(c) of the *Auctioneers and Agents Act 1971* (Qld) and whether the agent was the effective cause of the sale, particularly given that the sale ultimately comprised only a portion of the originally contemplated property.

The legal issues before the High Court were whether the agent's engagement or appointment complied with the written requirement of section 76(1)(c) of the *Auctioneers and Agents Act 1971* (Qld), and whether the agent was the effective cause of the sale of the land, notwithstanding that the final transaction involved a sale of part of the land rather than the whole parcel initially discussed. The Court was required to determine the scope of the written engagement and its connection to the eventual sale transaction.

The High Court reasoned that the standard condition 30 within the initial contract for sale, which confirmed the appointment of the vendor's agent to introduce a buyer, constituted sufficient written evidence of the agency in respect of the transaction. The Court held that this written confirmation was not limited to the specific buyer named in that contract but extended to any buyer introduced by the agent, and importantly, was "in respect of such transaction" as contemplated by section 76(1)(c). The Court found that the agent's introduction of a developer interested in the land was the effective cause of the subsequent sale, even though the final sale involved a reduced area and a different contract. The Court allowed the appeal, setting aside the orders of the Court of Appeal and dismissing the appeal to that Court with costs.