Chief Executive Department of Justice and Attorney-General v PDU Pty Ltd t/as Moura Real Estate

[2013] QCAT 314

CITATION: Chief Executive Department of Justice and Attorney-General v PDU Pty Ltd t/as Moura Real Estate & Ors [2013] QCAT 314

PARTIES:	Chief Executive Department of Justice and Attorney-General (Applicant)
v
PDU Pty Ltd t/as Moura Real Estate (First Respondent) Mr Steve Paton (Second Respondent) Mrs Colleen Maria Paton (Third Respondent)

APPLICATION NUMBER: OCR347-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Mr David Paratz, Member

DELIVERED ON: 19 April 2013

DELIVERED AT: Brisbane

ORDERS MADE:

1.     The application is listed for a Tribunal hearing in Brisbane at 9:30am on 23 August 2013.

2.     I direct that each of the parties will file in the Tribunal one copy and give to the other parties one copy of:

(a)   The party’s statement of evidence, which must be page numbered;

(b)   The statement from each witness to give evidence for the party at the hearing including any experts and;

(c)   Any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement by 4pm on 23 July 2013.

3.     No party will be allowed to present any evidence at the hearing that is not contained in the statements without justifying the need for such additional evidence to the Tribunal.

4.     Unless the Tribunal otherwise orders all witnesses must attend the hearing in person for cross examination. Any application for a witness to attend the hearing by a remote means or by remote conferencing must be made prior to 14 days before the hearing.

CATCHWORDS:

DISCIPLINARY PROCEEDINGS – real estate agent – questions of credit – not suitable for on the papers hearing

Property Agents and Motor Dealers Act 2000

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Mr and Mrs Paton were licensed Real Estate Agents in Moura. They were Directors of PDU Pty Ltd which held a real estate corporations licence.

2. Mrs Bernice Andrews owned a rental property at Moura. Shortly after 16 March 2009 PDY Pty Ltd became the managing agent for the property.

3. The Chief Executive has applied to start disciplinary proceedings against Mr and Mrs Paton and the company on the grounds of various breaches of the Property Agents and Motor Dealers Act 2000 (Qld) arising from dealings with the property.

4. Directions were made by the Tribunal on 5 November 2012 directing Mr and Mrs Paton and the company to file material on which they proposed to rely by 7 December 2012. It was also directed that if there was no application for an oral hearing, that the application for disciplinary proceedings would be determined on the papers not before 14 January 2013.

5. Submissions were filed by the respondents on 7 December 2012.

6. The respondents have raised disputed questions of fact in their submissions as to whether the agent and lessor agreed as to the payment of a bond, and as to whether there was discussion and agreement as to dealings by related parties.

7. Resolution of the disputed questions of fact involves determination of questions of credit.

8. Having regard to the submissions of the respondents, I do not consider that the matter is appropriate for determination on the papers, and requires an oral hearing where the evidence can be fully heard, and the credibility of the parties, the complainant, and any witnesses, can be assessed and determined.

9. Accordingly, I direct that the matter be set for an oral hearing on 23 August 2013.

10. I further direct that the parties file statements of evidence of themselves, and of any witnesses, together with any documents, on which they propose to rely, in the Tribunal, and give a copy to the other parties, by 4pm on 23 July 2013.