Real Estate Now Pty Ltd v Brookfield

Real Estate Now Pty Ltd (the appellant) appealed to the Supreme Court of Queensland against a decision of the Queensland Civil and Administrative Tribunal (QCAT) which had found that the appellant had breached its duty of care to its client, Brookfield (the respondent). The dispute concerned the appellant's conduct in managing the sale of the respondent's property, specifically allegations that the appellant failed to obtain the best price reasonably obtainable for the property and failed to disclose material facts to the respondent.

The primary legal issue before the Court was whether QCAT had erred in finding that the appellant breached its duty of care under section 16 of the *Property Occupations Act 2014* (Qld). This duty requires a property agent to exercise reasonable care and skill in performing their functions, including obtaining the best price reasonably obtainable for the principal and disclosing all material facts that the agent knows or ought reasonably to know. The Court also considered whether QCAT had correctly applied the principles of causation and loss in assessing damages.

Judge Jarrett found that QCAT had not erred in its findings. The Court affirmed that the duty of care under section 16 of the *Property Occupations Act 2014* is a broad one, encompassing not only the obligation to obtain the best price but also to act with reasonable diligence and skill throughout the selling process. The Court reviewed the evidence presented to QCAT and concluded that there was a sufficient evidentiary basis for QCAT's findings that the appellant had failed to adequately market the property, had not pursued all reasonable avenues to secure a higher offer, and had not disclosed crucial information regarding potential buyer interest and the property's true market value. The Court also upheld QCAT's assessment of damages, finding that the respondent had suffered a quantifiable loss as a direct result of the appellant's breaches.

The appeal was dismissed, and the orders of QCAT were affirmed.