Banking Monday, 9 March 2015 View in browser

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Executive Summary (One Minute Read)
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