Bacon v The Gallery Prestige Properties Pty Ltd

[2011] QCAT 384

CITATION: Bacon and Anor v The Gallery Prestige Properties Pty Ltd and Ors [2011] QCAT 384

PARTIES:	Alastair Bacon Galahad Investments Pty Ltd
v
The Gallery Prestige Properties Pty Ltd t/a The Gallery Daphne Blackman Anthony Grima

APPLICATION NUMBER:   OCL098-10

MATTER TYPE: Other civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Mrs Glenice Spender, Member

DELIVERED ON: 26 July 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

[1] The Chief Executive of the Department of Employment, Economic Development and Innovation will pay to the Applicants, Alastair Bacon and Galahad Investments Pty Ltd, the sums of $5,445.79 and $39,975.00 respectively out of the Claim Fund established under section 408 of the Property Agents and Motor Dealers Act 2000.

[2]    Pursuant to section 489 of the Property Agents and Motor Dealers Act 2000, the Chief Executive shall not pay the above amounts until the end of the period allowed for appeal, and if there is an appeal, until the appeal is finally decided.

[3]    The Gallery Prestige Properties Pty Ltd t/a The Gallery, Daphne Blackman and Anthony Grima are jointly and severally liable for the respective financial losses of the Applicants.

CATCHWORDS:

Claim against the Fund – letting agency – misappropriation of rental and bond monies

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr M Williams, solicitor, HW Litigation
RESPONDENT:

REASONS FOR DECISION

1. On 4 May 2011 the Tribunal determined in a hearing on the papers that the Applicants were entitled to be paid sums out of the Claim Fund established under section 408 of the Property Agents and Motor Dealers Act 2000.  The Tribunal reserved its decision as to the quantum of the entitlement pending the filing by the Applicants’ solicitor of an affidavit deposing to the amount of the Applicants’ legal costs in respect of their claim.  The solicitor has now filed an submissions seeking costs on an indemnity basis.  The Tribunal has considered this application, but remains of the view expressed in the preliminary decision that it is appropriate in view of the quantum of the claim that costs be awarded on Magistrates Court Scale G on the standard basis.

1. The Tribunal will allow costs of $4,800.00, being for items 5(b), 7(a) and 10 on Scale G, with those costs being apportioned equally between the first and second Applicants.

1. The combined entitlement of the Applicants is thus the sum of $4,800.00 plus the sum of $40,620.79 previously found to be the amount of the Applicants’ financial loss.  The combined total of the Applicants’ financial loss including legal costs is thus $45,420.79, with the loss of Alastair Bacon being $5,445.79 and the loss of Galahad Investments Pty Ltd being $39,975.00.

1. On the basis of this finding, the Tribunal makes the orders set out at the beginning of this document.