A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
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| Oliver
Hume (Australia) Pty Ltd v Land Source Australia Pty Ltd (VSC)
- pleadings - claim for unpaid real estate commission - leave granted to file
amended writ and statement of claim |
| Summaries With Link (Five Minute Read) |
Oliver Hume (Australia) Pty
Ltd v Land Source Australia Pty Ltd
[2015] VSC 77
Supreme
Court of Victoria
Cameron
J
Pleadings
- claim by estate agent for unpaid commission - agent sought leave to file and
serve an amended writ and an amended statement of claim - proposed pleading
contained rectification claims - agent sought to plead that even if Court found
it failed to comply with Estate Agents
Act 1980 (Vic), under equitable doctrine of rectification Court could order
that agreement be rectified to accord with common intention - ss49A & 50 Estate Agents Act 1980 (Vic) - whether
Act precluded Court from granting leave - held: agent should not be denied opportunity
to file amended writ and amended statement of claim, including claims based on
rectification of sales agreement, in face of provisions of the Act.
Oliver
Hume (Australia) Pty Ltd
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