Hope Bowker Real Estate Ltd v Roderick De Couto

• Jurisdiction: Bermuda
• Judgment Date: 01 October 1986
• Date: 01 October 1986
• Docket Number: Civil Appeal No. 4 of 1986
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Blair-Kerr, P

da Costa, JA

Henry, JA

Civil Appeal No. 4 of 1986

BETWEEN

Hope Bowker Real Estate Ltd.

Appellant

and

Roderick De Couto (Trading as Roderick De Couto Real Estate)

Respondent

Mr. Diel for the Plaintiff/Appellant

Mr. Lord for the Defendant/Respondent

River Weat Commissioners v Adamson [1877] 2 AC 743

Fowell v TranterENR (1864) 3 HLC 458

Real Estate Agents Licensing Act 1976, s. 18

Real estate agents — Statutory interpretation — Preliminary issue as to whether plaintiff could recover commission from defendant if agreement between them was not in writing — Appeal by plaintiff against decision that it could not recover commission — Whether s. 18 applied to commission due from one agent to another

JUDGMENT

Pursuant to Order 34 rule 1 of the Rules of the Supreme Court, the Plaintiff/Appellant and the Defendant/Respondent on October 28, 1985 submitted for the decision of the Supreme Court a preliminary point of law in the following terms

‘1. Both the Plaintiff and the Defendant were at all material times carrying on the business of licensed real estate agents.

2. On or about 16th September, 1981, the Defendant supplied a written listing of the property to Mrs. Marjorie Reeves the Vendor, of which the Vendor signed and retained a copy.

3. In or about November 1981 the Vendor by an oral agreement with the Plaintiff placed the said property with the Plaintiff for sale.

4. On or about the 23rd day of December 1981, the Plaintiff took a client one Marion Stubbs on to the said property in her motor car (and for the purpose of this preliminary point of Law) “showed” the property to her with a view to the purchase of it by Marion Stubbs.

5. On or about the 30th day of December 1981, the Vendor re-listed in writing the property with the Defendant as sole agent, who also showed the property on that day to the said Marion Stubbs.

6. On or before the 14th day of January 1982, the said Marion Stubbs, together with another lady, one Suzanne Harvey, entered into an agreement to purchase the said property at a purchase price of $800,000.00 net to the Vendor and on the 14th day of January 1982 placed the deposit of $80,000.00 with the Defendant and the sale was completed in April 1982.

7(a) The preliminary point of law to be decided by the Court is whether in the circumstances of this particular case the Plaintiff is precluded from making its claim against the Defendant by reason of...