Real estate agents Barfoot & Thompson have taken court action to get their commission on the sale of a house in the upmarket Auckland suburb of Remuera, news website www.voxy.co.nz reports

Barfoot & Thompson ("Barfoots"), who claim they are owed $47,643 on the sale, were recently granted a charging order over the house in Victoria Avenue, Remuera.

It is understood that Barfoots were the listing agents, and that the contract contained a standard clause that the deposit was payable to the Real Estate Agent's Trust account.

However, the house owners varied the contract to provide that the $180,000 deposit was to be held in the owners' solicitors' trust account rather than in Barfoots' trust account.

Barfoots then lodged a summary judgment application for payment of the deposit.

The owners' next was moved the possession date forward from 23 November 2009 to the day before Barfoots' summary judgment application was to be heard in the District Court.

Barfoots then acted, without notice, to protect their interests.

Associate Judge David Abbott said in his judgment it appeared on the face of it that the owners were trying to avoid paying the commission.

"I am satisfied that the applicant (Barfoots) has established a prima facie case that the respondents (the owners) are disposing of property, that this could have the effect of defeating the applicant's claim, and that a reasonable inference from all of the facts is that the respondents have acted with the intention of defeating the applicant's claim," the judge said.

"If the settlement date had not been changed, summary judgment could well have been entered and a charging order obtained well before the date of settlement."