Norton Property Group Pty Ltd v Ozzy States Pty Ltd (in liq) [2020] NSWCA 23 (21 February 2020) (Leeming JA at [1]; Payne JA at [115]; White JA at [116].)


Catchwords:


CONTRACT – real estate agent buyers agreement – entitlement to commission – agreement between property developer and real estate agent – agent to acquire options over seven contiguous parcels of land – options acquired over some of land – options never exercised by developer – agent rendered invoices for commission as options acquired – some invoices paid – whether agent entitled to commission for obtaining options which were never exercised

MISLEADING AND DECEPTIVE CONDUCT – agent made demands for commission – whether demands misleading or deceptive contrary to s 18 Australian Consumer Law – whether demands were expressions of opinion of agent’s legal entitlement