Verdi La Fontana Pty Ltd v Mabrouk Pty Ltd [No 2]

Verdi La Fontana Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against the decision of the primary judge in a dispute with Mabrouk Pty Ltd and others (the respondents). The underlying dispute concerned the appellant's entitlement to a commission on the sale of certain properties.

The Court of Appeal was required to determine whether the primary judge had erred in finding that the appellant had not established a claim for commission based on an alleged oral agreement. Specifically, the court considered whether the evidence supported the existence of a concluded agreement for commission, and if so, whether the terms of that agreement had been breached by the respondents.

The Court of Appeal analysed the evidence presented at trial, including the testimony of the parties and documentary evidence. It applied principles of contract law, focusing on the requirements for the formation of a binding agreement, namely offer, acceptance, and consideration. The court found that the evidence did not establish a clear and unequivocal agreement for the payment of commission on the sale of the properties in question. The primary judge's finding that no such agreement had been proven was upheld.

The appeal was dismissed.