Overmyer Industrial Brokers Pty Ltd v Campbells Cash & Carry Pty Ltd

Overmyer Industrial Brokers Pty Ltd (the plaintiff) sued Campbells Cash & Carry Pty Ltd (the defendant) for an estate agent's commission. The District Court of New South Wales heard the matter.

The central legal issue was whether the plaintiff was entitled to recover commission despite the defendant's reliance on a statutory provision that would otherwise preclude such recovery. This involved considering the extent to which equitable principles, particularly estoppel, could operate to prevent a party from relying on a statute, and whether equity would permit a statute to be used as a means to perpetrate fraud. The equitable jurisdiction of the District Court was also examined in this context.

The court found that the defendant had made a promise not to rely on the relevant statute to defeat the plaintiff's claim for commission. The court held that the defendant was estopped from relying on the statute, as to do so would be unconscionable and would permit the defendant to take advantage of its own conduct. The equitable jurisdiction of the District Court was sufficient to grant relief in these circumstances.

The appeal was dismissed with costs.