EIT Pty Ltd t/a PRWR v AMR

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

EIT Pty Ltd t/a PRWR v AMR [2016] QCAT 449

PARTIES:

EIT Pty Ltd t/a PRWR

(Applicant)

v

AMR

(Respondent)

FILE NO/S:

Q163 of 2016

DIVISION:

Other minor civil dispute matters

PROCEEDING:

QCAT

ORIGINATING COURT:

Pittsworth

DELIVERED ON:

2 December 2016

DELIVERED AT:

Toowoomba

HEARING DATE:

21 October 2016 (Pittsworth), 27 October 2016  and 11 November 2016 (Toowoomba)

MAGISTRATE:

D Carroll

ORDER:

The application is dismissed.

CATCHWORDS:

COUNSEL:

DCM appeared for the Applicant

AMR appeared on her own behalf

SOLICITORS:

The Claim

1. This is a claim by EIT Pty Ltd trading as PRWR against AMR for $10,880 being the cost of advertising incurred by the applicant in connection with the proposed sale of the respondent’s property at Pittsworth. 

1. AMR engaged the applicant to sell her rural property by auction on 11 December 2015 and if the auction is unsuccessful, by private treaty. 

1. The witnesses in this matter were DCM, a Principal of EIT Pty Ltd and the respondent, AMR.

Relevant Documents

1. The documents to which I have had regard in this matter are as follows:

Exhibit 1-          Form 6 Appointment of Agent signed by DCM and AMR.  It is dated 3/11/15 by DCM but undated by AMR.

Exhibit 2-          Letter from PRWR to AMR dated 4 November 2015 containing property appraisal;

Exhibit 3-          Property Marketing Schedule;

Exhibit 4 -         Letter from Clewett Lawyers to PRWR dated 4 March 2016;

Exhibit 5 -         Proposed Contract of Sale between AMR and Y;

Exhibit 6 -         Property description provided by AMR to DCM;

Exhibit 7 -         Form 6 signed by AMR and dated 6 November 2015;

Exhibit 8 -         Application for Minor Civil Dispute dated 14 April 2016;

Exhibit 9 -         Response to Minor Civil Dispute dated 26 July 2016

Exhibit 10-        AMR’s submission dated 7 November 2016;

Exhibit 11 -       DCM’s submission dated 11 November 2016;

Exhibit 12 -       AMR’s tax returns from 2012 to 2015;

Exhibit 13 -       Letter from DCM to the Clerk of the Court Toowoomba, dated 3 November 2016 and attachments;

Exhibit 14-        Letter of instructions re: Reserved price from AMR to the auctioneer dated 10 December 2015;

Exhibit 15 -       Form of Notice of Appointment effective from 1 October 2015;

The Agreement

1. At the outset I understood it was agreed between the parties that the quantum of the applicants claim was $10,880.  After further discussion during the hearing on 11 November 2016 DCM agreed to reduce the claim to $10,685.

1. The Appointment of a Property Agent is but one of the documents comprising the “agreement” or engagement between the applicant and the respondent referred to above.  The agreement between the parties comprises the following parts:-

(i)         Appointment of Property Agent;

(ii)        Schedule;

(iii)       Essential Terms and Conditions;

(iv)       Any other Annexures.

See section 2 of the “ESSENTIAL TERMS AND CONDITIONS”

1. The Appointment of Property Agent comprises 4 pages.  The last line on page 4/4 is in these terms; “This is the end of the approved form.  Please note, any annexures/schedules form…