RAINE & CREED

The case of *Raine & Creed* concerned a dispute between Raine & Horne Commercial Pty Ltd (the plaintiff) and Creed Pty Ltd (the defendant). The plaintiff sought to recover commission allegedly owed under a commercial lease agency agreement. The defendant disputed its liability to pay the commission. The matter came before Ryan J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the plaintiff had fulfilled its contractual obligations under the agency agreement to introduce a ready, willing, and able lessee to the defendant, thereby entitling it to commission. This involved an examination of the terms of the agency agreement and the conduct of the parties in relation to the proposed lease.

Ryan J considered the evidence presented by both parties, focusing on the plaintiff's actions in finding a potential tenant and the defendant's subsequent decision not to proceed with the lease. The court applied principles of contract law, particularly concerning the conditions precedent to the earning of a commission under an agency agreement. His Honour found that the plaintiff had indeed introduced a lessee who was ready, willing, and able to enter into the lease on terms acceptable to the defendant, and that the defendant's subsequent refusal to complete the lease was not due to any fault of the plaintiff or the proposed lessee.

Consequently, Ryan J ordered that the defendant pay the plaintiff the agreed commission, together with interest and costs.