In Floyd v Nevgold Pty Ltd [2024] QDC 105, the District Court of Queensland addressed an application for summary judgment by the plaintiff, Malcolm Lewis Floyd, who sought commission for the sale of properties as a real estate agent. The defendant, Nevgold Pty Ltd, opposed the application, arguing that another agent's substantial marketing efforts were the effective cause of the sale to the ultimate buyer, RRAF3 Holdings Cairns Pty Ltd. The Court found that although the plaintiff demonstrated a strong prima facie case for being the effective cause of the sale, disputed factual details regarding the ultimate sale warranted a trial. Consequently, the application for summary judgment was dismissed, and costs were deferred to be each party's cost in the proceedings unless a different order was sought within 14 days.
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