Garrington v Dwyer Dunn Property Consultants Pty Ltd (Civil Dispute)

The applicants, Garrington, brought proceedings against the respondents, Dwyer Dunn Property Consultants Pty Ltd, in the Civil Dispute Tribunal. The applicants sought to recover $3548.00, which they claimed represented an overcharge for property management services, together with interest, filing and search fees. The respondents contested the claim, arguing that the applicants had failed to provide sufficient evidence to substantiate their claim. The legal issues before the Tribunal were whether the applicants had discharged the onus of proving that the respondents had overcharged them for property management services and, if so, the amount of any overcharge. The Tribunal found that the applicants had discharged the onus of proof and that the amount of the overcharge was $3548.00. The Tribunal held that the applicants had established that the respondents had overcharged them for property management services, as the applicants had provided evidence of the services rendered and the rates charged, and the respondents had not provided any evidence to rebut this claim. The Tribunal also held that the amount of the overcharge was $3548.00, as this was the amount that the applicants had paid to the respondents in excess of the agreed rates. The Tribunal ordered that judgment be entered in favour of the applicants in the sum of $3790.11, being $3548.00 plus interest, filing fee and search fee. The Tribunal also ordered that the respondents pay the applicants $3790.11 by a specified date.