September 20, 2024

A Sydney real estate agent accidentally burned down her client’s $3 million home. Five years after the accident, her agent was ordered to pay $850,000 in damages.

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Julie Bundock’s day started like any other.

The Sydney-based luxury real estate agent is gearing up to host an open house in Avalon Beach, one of the city’s most desirable neighbourhoods, selling a stunning $3 million home. When she arrived at the listing, she noticed the homeowner’s tenants had left bedding out on the balcony to dry — a major no-no in a home that would soon have dozens of buyers walking by.

So Bondok quickly packed up the bedding, went downstairs to a room with only a few empty shelves, turned on the light on the ceiling, put the wet bedding on the metal shelf under the light, and walked out. Little did she know that her decision would lead to a five-year court battle and an $850,000 award against her agent.

Australia news media australian news network News of the verdict was reported in the media on Tuesday after Chief Justice David Hammerschlag delivered the ruling at the country’s highest court.

“It is clear that the fire could have been caused by bedding being placed or thrown on burning lights. This risk was clearly foreseeable and Bundock should have been aware of it,” Hammerschlag’s decision said wrote. “(Bondoc) actively created the risk of fire and consequent harm.”

Hammerschlag ordered Bundock’s brokerage, Domain Residential Northern Beaches, to pay $740,642 in damages plus interest to homeowner Peter Alan Bush. Meanwhile, four tenants – Elise Coulter, Reggie Songaila, Lauren Coulter and Ella Eagle – received $121,475.

Bush testified that Bundock was responsible for the May 2019 fire.

“Oh my gosh, Pete, I think I burned your house down,” Bush said, recounting what Bundoc allegedly told him and his partner. “I’ve been doing some tidying up. I collected some sheets that were drying on the balcony and threw them on a freestanding wire rack in the bedroom under the stairs. I just threw them in there, Pete, on the wall Under the lights. I think that’s what started the fire.”

Bundoc changed her tune during the court proceedings, however, as her agency leaders argued that Busch and the tenants were to blame for failing to warn Bundoc that the metal racks could heat up and cause a fire.

Hammerschlag said Bundock was an “aggressive and uncooperative witness” and her “evidence was clearly influenced by her heightened awareness of causing the disaster”.

“This submission is made against the background that there is no possibility or possibility that any of the plaintiffs could have imagined that Bundock might have done what she did,” he said. “There was no occasion on which the proposed disclosure could reasonably have been required. Bundock Gram acted on her own terms. Her actions were the sole cause of the harm.”

Domain Residential Northern Beaches and Bundock declined to comment on the verdict.

Email Marianne McPherson