Moore v Luxury Boat Holdings Pty Ltd

[2020] WASCA 144

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Agency
3. › Commission
4. › Effective cause of sale
5. › Agent introduced eventual purchaser during term of agency agreement
6. › Sale completed by different agent after expiry of agreement
7. › Whether agent was effective cause of sale
1. Contract
2. › Agency
3. › Commission
4. › Effective cause of sale
5. › Chain of causation
6. › Whether subsequent agent's actions broke chain of causation
7. › Whether purchaser kept property in mind after initial introduction
1. Appeal
2. › Standard of appellate review
3. › Findings of fact by trial judge
4. › Inferences as to state of mind of witness
5. › Whether appellate court should interfere with trial judge's findings based on credibility and reliability

Quick Take

An agent's introduction of a purchaser during the term of an agency agreement may constitute the effective cause of a sale completed after the agreement's expiry through a different agent, where the purchaser kept the property in mind and the introduction continued to influence the purchaser's decision to buy. The subsequent agent's involvement in merely showing the property and processing offers does not break the chain of causation where the purchaser was already disposed to buy as a result of the original introduction.