Estate of the late May Dunn v Tweed Southern Gold Coast Pty Ltd
[2014] QCAT 342
| CITATION: | Estate of the late May Dunn v Tweed Southern Gold Coast Pty Ltd & Ors [2014] QCAT 342 |
| PARTIES: | Estate of the late May Dunn (Applicant) |
| v | |
| Tweed Southern Gold Coast Pty Ltd Stella Property Solutions Pty Ltd Tracey Leigh Charleson (Respondents) |
| APPLICATION NUMBER: | GAR034-14 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Paratz |
| DELIVERED ON: | 8 July 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Pursuant to s 488 of the Property Agents and Motor Dealers Act 2000, the claim is allowed in the sum of $11,507.77. 2. Pursuant to s 489 of the Property Agents and Motor Dealers Act 2000, at the expiration of the appeal period the Chief Executive must pay to the Estate of the late May Dunn the sum of $11,507.77 from the Claim Fund, and if there is an appeal, payment must not be made until after the appeal is finally decided. 3. Pursuant to s 488(3)(c) of the Property Agents and Motor Dealers Act 2000, Tweed Southern Gold Coast Pty Ltd and Stella Property Solutions Pty Ltd and Ms Tracey Leigh Charleson are named as the persons liable for the financial loss of the Estate of the late May Dunn. 4. Upon payment from the Claim Fund and pursuant to s 490 and s 530 of the Property Agents and Motor Dealers Act 2000, Tweed Southern Gold Coast Pty Ltd and Stella Property Solutions Pty Ltd and Ms Tracey Leigh Charleson are jointly and severally liable to reimburse the Claim Fund by paying the sum of $11,507.77 to the Chief Executive, Department of Justice and Attorney-General. |
| CATCHWORDS: | Where a claim against the Claim Fund under PAMDA for rental monies not remitted by a real estate agent Property Agents and Motor Dealers Act 2000 (Qld) |
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
The Estate of the late May Dunn owned a rental property at 81 Third Avenue, Palm Beach, Queensland.
Stella Property Solutions Pty Ltd and Tweed Southern Gold Coast Pty Ltd and Tracey Leigh Charleson operated a property management business on the Gold Coast which traded as “Complete Property Management Group” and previously as “Raine and Horne Palm Beach-Currumbin” which managed the property.
Receivers, Gerald Collins and Matthew Joiner of BDO Business Recovery & Insolvency (Qld) Pty Ltd, were appointed on 18 December 2012 over the Trust Accounts of Ms Tracey Leigh Charleson and the following related entities:
Palm Samui Pty Ltd (ACN 133 285 882)
Propertique International Pty Ltd (ACN 130 791 767)
Stella Property Solutions Pty Ltd (ACN 120 824 820)
Further, on 5 February 2013 Gerald Collins and Matthew Joiner of BDO Business Recovery & Insolvency (Qld) Pty Ltd, were also appointed as receivers over the trust property of Tweed Southern Gold Coast Pty Ltd (ACN 154 047 739).
The Estate of the late May Dunn lodged a directly with the receivers for approximately $10,000.00 in respect of rental payments that were not remitted to them, pursuant to the Property Agents and Motor Dealers Act 2000 (Qld) (‘the Act’).
The Receiver provided a report dated 21 August 2013 and assessed the claim as follows:[1]
Therefore I admit a claim for $11,507.77 for rental monies owed for the January distribution (9 December 2011 to 15 December 2011), March distribution (13 January 2012 to 1 March 2012), September distribution (26 July 2012 to 5 September 2012), November distribution (11 October 2012 to 1 November 2012) and December distribution (Rental payment received on 5 November).
A summary of my assessment is…:-
Amount claimed: $10,000.00
Amount Admitted: $11,507.77
Amount Rejected: $0.00
[1]Report of Gerald Collins, page 8.
The Chief Executive submits that there is no evidence before it to contradict the findings of the receiver.
The Chief Executive submits that in failing to remit rental income owed to the Applicants that Stella Property Solutions Pty Ltd and Tweed Southern Gold Coast Pty Ltd and Tracey Leigh Charleson have caused an event as defined by s 470(1) of the Act to happen, specifically s 385(4) and s 470(1)(e).
I gave Directions on 28 March 2014 for the filing of any material by the parties. No further submissions have been received, and no request for an oral hearing has been made. The directions provided that if there was no application for an oral hearing, that the application would be determined on the papers not before 28 June 2104. This is the decision on the papers.
I accept the report and recommendations of the receiver, and am satisfied that the Estate of the late May Dunn has suffered a financial loss of $11,507.77 which is claimable against the Fund under the Act, as submitted by the Chief Executive.
The claim, and the “relevant event” pursuant to s 470(1) of the Act, is in relation to rental periods from December 2011 to December 2012. An ASIC search reveals that Tracey Leigh Charleson was a Director of Stella Property Solutions Pty Ltd from 1 April 2011; and was a Director of Tweed Southern Gold Coast Pty Ltd from 2 November 2011.
I am satisfied that Ms Tracey Leigh Charleson was a responsible person for the corporations pursuant to s 490(2) of the Act, being an executive officer of the corporations when the “relevant event” happened, and name her as a liable person together with the corporations.
I order that:
1. Pursuant to s 488 of the Property Agents and Motor Dealers Act 2000, the claim is allowed in the sum of $11,507.77.
2. Pursuant to s 489 of the Property Agents and Motor Dealers Act 2000, at the expiration of the appeal period the Chief Executive must pay to the Estate of the late May Dunn the sum of $11,507.77 from the Claim Fund, and if there is an appeal, payment must not be made until after the appeal is finally decided.
3. Pursuant to s 488(3)(c) of the Property Agents and Motor Dealers Act 2000, Tweed Southern Gold Coast Pty Ltd and Stella Property Solutions Pty Ltd and Ms Tracey Leigh Charleson are named as the persons liable for the financial loss of the Estate of the late May Dunn.
4. Upon payment from the Claim Fund and pursuant to s 490 and s 530 of the Property Agents and Motor Dealers Act 2000, Tweed Southern Gold Coast Pty Ltd and Stella Property Solutions Pty Ltd and Ms Tracey Leigh Charleson are jointly and severally liable to reimburse the Claim Fund by paying the sum of $11,507.77 to the Chief Executive, Department of Justice and Attorney-General.
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