QUYD P/L v Marvass P/L

[2008] QCA 257

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › District Court of Queensland
4. › Refusal of summary judgment
5. › Whether refusal determines substantive rights
6. › Whether substantial injustice caused by error
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Statutes
2. › Interpretation
3. › Approved forms
4. › Substantial compliance
5. › Whether departure from approved form was inconsequential
6. › Whether contrary intention displaced substantial compliance provision
7. › Property Agents and Motor Dealers Act 2000 (Qld), ss 133, 134, 140
8. › Acts Interpretation Act 1954 (Qld), ss 4, 49(1)
1. Real Property
2. › Real estate agents
3. › Appointment of agent
4. › Form of appointment
5. › Whether appointment in superseded version of approved form was effective
6. › Whether agent entitled to recover commission
7. › Property Agents and Motor Dealers Act 2000 (Qld), ss 133, 134, 140

Quick Take

A trivial departure from an approved form under s 134(1) of the Property Agents and Motor Dealers Act 2000 (Qld) — such as an outdated telephone number that diverts to the correct number — does not render a real estate agent's appointment ineffective. The substantial compliance provision in s 49(1) of the Acts Interpretation Act 1954 (Qld) applies to PAMDA and is not displaced by the mandatory language of s 134(1) or the consequences in ss 134(3) and 140.