The Owners Strata Plan No 13631 v McGrath

The Owners Strata Plan No 13631 brought an action against McGrath, alleging that McGrath was not entitled to a commission from the sale of a property because they had not secured a purchaser. The case was heard by the Civil and Administrative Tribunal in New South Wales. The primary legal issues before the Tribunal were whether the applicant was entitled to the relief sought, and if so, whether the respondent was entitled to a commission. The applicant argued that McGrath had not fulfilled its obligations under the contract and, therefore, should not be entitled to a commission. The respondent, McGrath, contended that it had acted in accordance with the terms of the contract and that it was entitled to the commission.

The Tribunal considered the evidence and submissions from both parties. It concluded that the respondent was entitled to the commission as it had fulfilled its obligations under the contract. The Tribunal also considered the applications for costs made by both parties. The Tribunal noted that the application for costs was not successful, and the circumstances did not warrant a hearing on the question of costs. Accordingly, the application for costs was dismissed, and the parties were ordered to bear their own costs.

The Tribunal's decision was based on the evidence presented and the terms of the contract between the parties. It found that the respondent had fulfilled its obligations under the contract and was, therefore, entitled to the commission. The Tribunal also found that neither party was entitled to costs as the applications did not meet the threshold for special circumstances. The Tribunal's decision was final, and the parties were ordered to bear their own costs.