PRINCIPAL AND AGENT — real estate agent — agent appointed to find purchaser of property — entitlement to receive commission — where contract defines event upon which entitlement to commission arises and states circumstances in which commission is due and payable — whether agent entitled to receive commission where the event has happened but the circumstances do not exist — construction of contract — CORPORATIONS — winding up — winding up of real estate agency company — where deposit moneys received by company before winding up to be held as stakeholder — company is under an obligation to account for those moneys even though not pad into statutory trust account — but moneys not held by liquidator as trustee — PROCEDURE — where proceedings in truth adversarial are constituted as application by liquidator for judicial advice under Trustee Act and in the alternative for direction under Corporations Act — former inappropriate — latter of limited utility — need for proceedings to be reconstituted before remedies awarded
Case Details
Citation[2011] NSWSC 359
CourtNSWSC
JurisdictionNew South Wales
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