Prestige Residential Marketing Pty Ltd v Depune Pty Ltd

Prestige Residential Marketing Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge who had dismissed its claim for recovery of commission from Depune Pty Ltd (the respondent) arising from the sale of a property. The dispute centred on whether the appellant, as the agent, was the effective cause of the sale.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the primary judge erred in finding that the appellant was not the effective cause of the sale. Secondly, the Court considered whether the primary judge had relied on inadmissible material in reaching their decision and whether a finding of fact based on witness credibility should be set aside.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in their assessment. The Court concluded that the appellant had, in fact, been the effective cause of the sale. The reasoning involved a re-evaluation of the evidence presented at trial, including the credibility of witnesses, and a determination that the primary judge's reliance on certain material was misplaced. Consequently, the Court set aside the original verdict and judgment.

The Court of Appeal ordered that judgment be entered in favour of the appellant for the sum of $85,800, with interest awarded on that sum from 23 June 2004 to 15 August 2008. The respondent was ordered to pay the appellant's costs of both the appeal and the trial. Liberty was granted to the parties to file consent orders regarding the quantum of interest and to apply to Bell JA in the event of any dispute concerning that interest.