Hubble v Wrightson NMA Ltd - [1990] 1 NZLR 393

Real estate agents — Commission — Failure to collect deposit — Agent introduced purchaser and sale agreement was executed — Vendor specified that deposit was to be released to him forthwith after deduction of commission — Agent received cheque on American bank account for deposit, which despite efforts by vendor and agent was not cleared — Eventually purchaser's solicitors paid deposit direct to vendor who waived interest on late payment — Transaction was settled but vendor refused to pay commission and claimed interest on late payment of deposit — Whether agent had substantially performed contract of agency — Whether vendor had waived right to rescind agency agreement — Whether agent was entitled to commission — Whether vendor in waiving interest on late payment of deposit had failed to mitigate his loss.