Emmons Mount Gambier Pty Ltd v Specialist Solicitors Network Pty Ltd

[2005] NSWCA 117

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Agency
3. › Commission for sale of property
4. › Effective cause of sale
5. › Two agents involved
6. › Whether initial introduction sufficient where second agent independently negotiated sale at higher price
7. › Onus of proof on agent claiming commission
1. Contract
2. › Agency
3. › Commission for sale of property
4. › Continuing influence of agent's efforts
5. › Whether initial efforts ceased to exert influence on purchaser
6. › Importance of negotiation on price versus initial introduction
1. Appeal
2. › Standard of appellate review
3. › Failure of trial judge to give adequate reasons
4. › Appellate court entitled to draw own inferences from proven facts

Quick Take

An agent's initial introduction of a purchaser to a property is insufficient to establish the agent as an effective cause of the sale where the agent ceased efforts due to a price impasse and a second agent independently negotiated the sale at a significantly higher price. The onus remains on the agent claiming commission to prove that its initial efforts continued to influence the purchaser's ultimate decision to buy.