Reid v Wise Choice Realty Pty Ltd

[2017] QCAT 420

CITATION:

Reid v Wise Choice Realty Pty Ltd & Ors [2017] QCAT 420

PARTIES:

Jeanne Marie Reid
(Applicant)

v

Wise Choice Realty Pty Ltd            (Respondent in MCDQ143/17 and First Respondent in MCDT902/17)
Alfred Eiting (Second Respondent in MCDT902/17)

Lynette Gray (Third Respondent in MCDT902/17)

APPLICATION NUMBER:

MCDQ143/17 (incorporating MCDT902/17)

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

12 May 2017, 13 June 2017, 10 July 2017 and 18 July 2017

HEARD AT:

Southport

DECISION OF:

Adjudicator Mewing

DELIVERED ON:

16 November 2017

DELIVERED AT:

Southport

ORDERS MADE:

1.    The following invoices submitted to the Tribunal by Wise Choice Realty on 18 July 2017 are not due and owing by Mrs Reid to Wise Choice Realty or any other person:

a)    Stephen Prowse – 11 July 2017 - $570.00;

b)   Stephen Prowse – 11 July 2017 - $175.00;

c)    Straightline Trailers – 12 July 2017 - $2,120.00;

d)   Vic Palmer Removals and Storage – 12 July 2017 - $15,254.00;

e)    Sharyn Donovan – 11 July 2017 - $140.00; and

f)     Sharyn Donovan – 11 July 2017 - $175.00 .  

2.    Of the invoice for $2,936.58 tendered to Mrs Reid by Wise Choice Realty on 30 March 2017, $2,156.04 is not due and owing by Mrs Reid to Wise Choice Realty.

3. Pursuant to s 363(4)(b) of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) and in strict compliance with the relevant obligations and procedures set out in s 363 and s 364 of that Act, Jeanne Marie Reid is authorised to sell by public auction or dispose of any or all goods still in her possession or control left by Alfred Eiting and Lynette Gray at premises located at Cawley Place Oxenford in March 2015.

CATCHWORDS:

CONTRACTS – PARTICULAR PARTIES – PRINCIPAL AND AGENT – AUTHORITY OF AGENTS – CONSTRUCTION AND EXTENT OF AUTHORITY – where agent invoiced landlord for third party costs – where agent invoiced for own fees - where landlord disputes extent of costs and fees – where landlord seeks relief from payment of costs and fees – whether agreement provides that costs and fees are payable

LANDLORD AND TENANT – RIGHTS AND LIABILITIES APART FROM COVENANT – REMOVAL OF TENANT’S CHATTELS FOLLOWING TERMINATION – whether landlord may sell goods abandoned by tenant 

Property Agents and Motor Dealers Act 2000 (Qld)
Property Occupations Act 2014 (Qld) s 89,
s 90, s 102, s 109, s 237, s 249
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 54, s 62(3)
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 363, s 416

APPEARANCES:

APPLICANTS:

Mrs Jeanne Marie Reid
Mr Michael Dwyer, solicitor (as McKenzie Friend)

RESPONDENT:

Ms Pauline O’Brien-Wise, director

REASONS FOR DECISION

Orders Sought

1. On 7 March 2017, Mrs Reid filed an application seeking orders of the Tribunal that she be relieved of paying part of an amount of money apparently demanded by Wise Choice Realty Pty Ltd.[1] Mrs Reid’s application states that, subject to the Tribunal’s review of Wise Choice Realty’s file for her rental property, she is prepared to pay a “fair fee for service”, which she contends is part (but not all) of the $17,838.58[2] demanded by Wise Choice Realty.

   [1]Claim MCDT143/17, Southport Registry.

   [2]This was the amount noted on Ms Reid’s original application.  The Tribunal notes this amount changed throughout proceedings as invoices were tendered and variable costs increased.

2. On 20 June 2017, Mrs Reid filed a further application against Alfred Eiting, Lynette Gray and Wise Choice Realty seeking orders that:

   a)Under s 363 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRAA), Mrs Reid be at liberty to sell by public auction goods left by Mr Eiting and Ms Gray and seized by Wise Choice Realty;

   b)Mr Eiting and Ms Gray pay Mrs Reid rent arrears in the amount of $4,980.00;

   c)This claim be consolidated with MCDT143/17;

   d)The respondents pay all storage charges that have accrued for storage of Mr Eiting and Ms Gray’s possessions; and

   e)That Wise Choice Realty provide to the Tribunal details of all goods seized, and all contracts and correspondence with parties who hold or have held the seized goods.[3]

   [3]Claim MCDT902/17, Southport Registry.

3. The 20 June 2017 claim also restated the request that Ms Reid be relieved from paying $17,838.00 demanded by Wise Choice Realty.

4. The order sought in item b) of paragraph [2] is summarily refused for want of jurisdiction as Mrs Reid has not fulfilled the requirement in s 416 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) to first attempt dispute resolution with the Residential Tenancies Authority.

5. During the hearing of this matter, the order sought in c) was granted pursuant to s 54 Queensland Civil and Administrative Tribunal Act 2009 (Qld), and the order sought in e) was granted pursuant to s 62(3).

6. There is some overlap between the claims that remain, but it is the Tribunal’s view that the matters for adjudication can be distilled to the following two issues:

   a)Whether Mrs Reid may be relieved from payment of some or all of the monetary demands made by Wise Choice Realty; and

   b)Whether Mrs Reid is entitled to sell goods left by her former tenants Mr Eiting and Ms Gray.

Background

1. In February 2013 the Applicant, Mrs Reid, appointed Wise Choice Realty Pty Ltd to manage a rental property she owned at Cawley Place Oxenford.

2. Alfred Eiting and Lyn Gray signed a residential tenancy agreement and moved into the property in March 2013.  At various times throughout the tenancy, the tenants were served with notices to remedy breach for rent arrears, most of which they responded to by paying within a reasonable time.

3. By 12 December 2014 Mr Eiting and Ms Gray stopped paying rent. Correspondence submitted by Mrs O’Brien-Wise for the Respondent shows that the tenants offered many excuses and made promises to catch up, but they made no further payments.

4. On application filed by Wise Choice Realty on 3 February 2015 the lease was terminated by Tribunal Order with effect from midnight on 15 February 2015. A warrant of possession was issued at that hearing with effect for 14 days from 16 February 2015.

5. The tenants appealed that decision and the warrant of possession was suspended until the hearing of the appeal, which was set down for

   
   

   4 March 2015.[4] Wise Choice Realty was advised of the stay by the QCAT Registry on 25 February 2015.[5]  

   [4]Order made during directions hearing of APL065-15, 24 February 2015.

   [5]Email from QCAT Client Services to Wise Choice Realty, 25 February 2015, 8:49am.

6. The tenants’ appeal was unsuccessful and a new warrant of possession was ultimately issued on 4 March 2015. On 11 March 2015 officers of the Queensland Police Service attended the rental premises to execute the warrant and the tenants were removed from the premises.

7. On the same day, Wise Choice Realty says that it arranged: a removalist (including up to six people) to pack boxes, remove furniture and take those belongings to a storage facility; a tow truck and/or trailer company to remove a motor cycle, two jetskis (on a trailer) and one box trailer; and two security personnel.

8. Mrs Reid said she was aware the tenants’ belongings were taken from her premises, but did not know by whom or where those goods had gone.  Mrs Reid said at no time over the following two years did she receive an invoice or statement of costs from Wise Choice Realty nor any of the people who attended at the eviction.    

9. Wise Choice Realty says it incurred third party costs in relation to both the aborted eviction on 25 February and the eviction on 11 March 2015. Mrs Reid said she was first notified of the existence of these costs in around February or March 2017 after Mrs Reid’s solicitor had written to Wise Choice Realty seeking clarification because Mrs Reid claimed Wise Choice Realty threatened to put a caveat on her property to recoup them.[6] 

   [6]Transcript, 18 July 2017, 1-11 at line 12-13.

10. Pursuant to Tribunal Order, Wise Choice Realty provided the relevant invoices (together with affidavits from the producers of those invoices) at the 18 July 2017 hearing, as set out in Table 1.

    Table 1:  Third Party Costs

QCAT Ref	Invoice Date	Service Provider	Service	Amount
A	11 Jan 2017	Sharyn Donovan	Attend eviction 9am – 2pm 11.03.2105	140.00
B	11 Jan 2017	Sharyn Donovan	Attend eviction 9am – 2pm 23.02.2015	175.00
C	11 July 2017	Stephen Prowse	9am – 1pm 11.03.2015 Assist WCR for eviction
Relocate Harly [sic], jetskis, trailers x 2 $70
Storage 15 weeks	510.00
D	11 July 2015	Stephen Prowse	9am – 2pm 5 hours 23.2.2015 Assist WCR for eviction	175.00
E	12 July 2017	Straightline Trailers P/L	Pick up 1 x Harley Davidson motorcycle,  1 x box trailer, 1 x double jetski trailer 2 x jetskis 28/6/15 Rent @ $20/week for 106 weeks	2,120.00
F	12 July 2017	Vic Palmer Removals & Storage	Transportation, packing and storage of 93 cartons	15,254.00
G	14 July 2017	Midcoast Towing Pty Ltd	Removal and relocation of motorbike, 2 trailers jetskis	440.00
Total Claim for Third Party Costs	18,814.00

1. Mrs Reid disputes all or most of these costs.

2. Wise Choice Realty says it incurred these costs as agent for Mrs Reid so Mrs Reid is liable to pay them.

3. On 30 March 2017 Wise Choice Realty sent an invoice for work it says was done in connection with the eviction of the tenants. The total of the invoice was $2,936.58. Relevant details of the invoice are set out in Table 2.

   Table 2:  Wise Choice Realty Invoice dated 30 March 2017

QCAT     Ref	Description	Amount
A	Preparation of court docs – 29.1.15	264.00
B	Attend court to lodge papers – 3.2.15	66.00
C	Court paper lodgement – 3.2.15	23.00
D	Pauline First Hearing – 3 hrs – 12.2.15	198.00
E	Collection of warrant 1 – 16.2.15	99.00
F	Attend Warrant Eviction 1 – 23.2.15	275.00
G	2 x Assistants for Security - 23.2.15	350.00
H	Prepare for appeals court – 28.2.15	264.00
I	Secure Parking Brisbane - 4.3.15	73.13
J	2nd Hearing Travel time – Brisbane – 4.3.15	120.45
K	2nd Hearing Court Attendance – Brisbane – 4.3.15	99.00
L	Warrant negotiations – RTA – Sthport Court – 9.3.15	99.00
M	Collection of Warrant 2 – 9.3.15	66.00
N	Attend Warrant Eviction 2 – 11.3.15 – 8hrs	440.00
O	2 x Assistants for Security – 11.3.15	280.00
P	Insurance claim & follow through	266.96
Total	$2,936.58

1. Mrs Reid does not dispute items C, I, J or K.

2. Mrs Reid disputes:

   a)the total claims for items B, F, G, N and O; and

   b)part of the claims for items A, D, E, H, L, M and P.

What is Mrs Reid Liable to Pay Wise Choice Realty?

1. The extent of Mrs Reid’s financial liability to Wise Choice Realty must be determined by the terms of the contract between them.

2. The parties entered into an “Appointment of Agent – Letting and property management” (also known as a PAMD Form 20a) in respect of Mrs Reid’s property on 21 February 2013.[7] The PAMD Form 20a was an approved form that complied with the requirements of the Property Agents and Motor Dealers Act 2000 (Qld) (PAMDA), which was repealed on 1 December 2014.[8]    

   [7]With effect from 14 February 2013:  Item X “Date of Commencement of Appointment”.

   [8]Property Occupations Act 2014 (Qld), s 237.

3. The Property Occupations Act 2014 (Qld) (POA) came into force in Queensland on 1 December 2014, replacing the PAMDA. Section 249 of the POA provides that an appointment to act as a resident letting agent under the PAMDA continues as an appointment to act as such under the POA. Consequently, the provisions of the POA apply to any valid PAMD Form 20a in place on or after 1 December 2014.

4. The PAMD Form 20a between Wise Choice Realty and Mrs Reid was a continuing appointment which spanned the 1 December 2014 enactment of the POA. As it complies with the requirements of s 102, division 2 (subdivision 1), and s 109 of the POA, the Tribunal finds that the Form 20a is subject to the relevant provisions of the POA.

5. The demand that Mrs Reid seeks to resist is comprised of two general claims:

   a)All or part of the purported claims for third party expenses in connection with the eviction of Mr Eiting and Ms Gray (at Table 1 above); and

   b)All or part of Wise Choice Realty’s invoice of 30 March 2017 (at Table 2 above).

6. Mrs Reid’s written and oral submissions were that she should not have to pay all of Wise Choice Realty’s claims because they were not reasonable and she was never notified of their extent.[9] She said her husband could have assisted on the day of the aborted eviction and the ultimate eviction rather than Wise Choice Realty having to engage two other people for security.[10]  She said her husband could have moved the tenants’ vehicles.[11] She said some of the tenants’ abandoned goods could have been stored on her property to save on storage costs.[12] 

   [9]Transcript, 18 July 2017, 1-18 at lines 6-8.

   [10]Ibid, 1-9 at lines 9-14.

   [11]Ibid, 1-19 at lines 19 and 20.

   [12]Ibid, 1-19 at line 24.

7. For Mrs Reid to successfully resist all or any part of the claims, she must show that the claims are for work or expenses which contravene s 89 and s 90 of the POA. The POA was not specifically addressed by Mrs Reid in support of her application, but her submissions touch on express authorisation (or lack of it), which is at the heart of those sections.

8. Section 89 of the POA restricts recovery of money by a letting agent in the absence of proper authorisation. It provides that a residential letting agent is only entitled to sue for, recover or keep a reward[13] or expense for activities he or she performs if:

   a)The agent is appropriately licensed; and

   b)The agent’s licence authorised the activities; and

   c)The agent was properly appointed under s 102 of the POA.

   [13]Defined in Schedule 2 of the Property Occupations Act to include “remuneration of any kind including, for example, any fee, commission or gain.”

9. Mrs Reid did not contend that Mrs O’Brien Wise was not properly licensed or appointed to manage her rental property. Mrs O’Brien Wise told the Tribunal during the hearing that she is and was at all times properly licensed. The Tribunal accepts this. A review of the PAMDA Form 20a shows that it conforms with the requirements of s 102 of the POA.

10. Accordingly, the Tribunal finds that, subject to s 90 of the POA, there is no restriction on Wise Choice Realty recovering its fees or expenses pursuant to s 89.

11. Section 90 of the POA restricts the fees and expenses a residential letting agent can recover from a landlord to the maximum value stated in the appointment. Section 90 is restated in full here:

    90     Restriction on recovery of reward or expense above amount allowed

    (1) A person is not entitled to sue for, recover or keep a reward for the performance of an activity as a property agent or resident letting agent that is more than the amount of the reward stated in the appointment given to the person under section 102.

    (2) A person is not entitled to sue for, recover or keep expenses for the performance of an activity as a property agent or resident letting agent that are more than the amount of the expenses stated in the appointment given to the person under section 102 and actually expended.

    (3)     A person who sues for, or recovers or keeps a reward or expense for the performance of an activity as a property agent or resident letting agent, other than as provided by this section, commits an offence.

    Maximum penalty—200 penalty units.

    (4)     In this section—

    actually expended, for expenses, means the amount actually expended after deducting—

    (a)the amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or retain the expenses; or

    (b)if the benefit has no fixed amount—the market value of the benefit.

12. Part 6 of the PAMD Form 20a between Wise Choice Realty and Mrs Reid sets out the fees and charges payable for ‘services’ performed in connection with the rental property, including the following:

1)	Management Fee	2.75% inc GST
2)	Bank fees per month	$6.50 inc GST
3)	End of year financial statement fee	$27 inc GST
4)	Periodic inspection fee, 2 free per year	$25.00 for extra inc GST
5)	Insurance claim	$55 per hour inc GST
6)	Court hearing attendance	$55 per hour inc GST
7)	Carparking & travel costs to attend court and lodge	AT COST
8)	11% of accepted invoice – refurbishment and maintenance over $1,500.00	11%
9)	$55.00 per hour for supervision of maintenance and repairs

1. References to the ‘services’ to be performed under the agreement relate to those detailed at part 4, which states:

   The client appoints the agent to perform the following service/s:

   ☒  Letting/leasing of property

   ☒  Collection of rent

   ☒  Other property management service/s (please specify)  REFER TO PAGES ATTACHED

2. The notation “REFER TO PAGES ATTACHED” was written by Wise Choice Realty and presumably means pages 5 to 8 of the PAMDA Form 20a which refer to such things as the agent’s fees and charges (listed at paragraph [33]), instructions about what rent is to be charged and when owner’s statements are to issue, what payments the agent will make on the owner’s behalf, repair and maintenance contacts, etc.

3. Part 7 of the PAMDA Form 20a sets out the expenses that Wise Choice Realty is authorised to incur on behalf of Mrs Reid. Two are listed: advertising and marketing ($300.00), and title searches (at cost).

4. Neither Part 4 nor part 7 make reference to any of the types of costs detailed in Table 1 above.

5. The ‘Terms of Appointment’, which appear in a schedule to the PAMDA Form 20a, are silent about expenses incurred by a residential letting agent in connection with the eviction of tenants from premises. Indeed, clause 9.4 of the Terms of Appointment provides that “the Agent is limited to its obligations under the Form 20a.”

6. In other words, Wise Choice Realty’s mandate was to find suitable tenants, collect rent, conduct routine inspections and ensure maintenance and repairs were carried out as required. Wise Choice Realty had no obligation or authority under the PAMDA Form 20a to incur any expense on behalf of Mrs Reid in carrying out the eviction of Mr Eiting and Ms Gray.

7. Ms O’Brien-Wise acted sincerely and in the best interests of Mrs Reid.  Both Mrs Reid and Ms O’Brien Wise were taken by surprise by the large amount of belongings left behind by Mr Eiting and Ms Gray. Ms O’Brien-Wise was a fearless and passionate advocate for Mrs Reid, from liaising with QCAT quickly and regularly to reinstate the warrant of possession, to promptly ensuring the rental property was empty and clean so that new tenants could move in almost immediately in an effort to mitigate Mrs Reid’s losses.

8. It is clear that Ms O‘Brien Wise believed it was her role as residential letting agent to arrange the removalists, tow trucks and security personnel on the day of the eviction.  It seems Mrs Reid believed that too.  It was evident from emails they had exchanged and from their recount of the history of this matter that they had been very close.

9. Ms O’Brien-Wise said she had never had to arrange an eviction before, so did what she thought she was required to do in the circumstances.  She said it was a very stressful time, and the tenants had made countless promises of payment.  She said she was very concerned that the situation had put Mrs Reid under financial stress.

10. While it may have seemed natural at the time to assume that Wise Choice Realty would do those things, there was no authority under the PAMD Form 20a to incur those costs on Mrs Reid’s behalf. Those arrangements should have been the subject of a new agreement, or Mrs Reid should have been directed to contract directly with those third parties on the day. 

1. Accordingly, in the absence of any agreement for Wise Choice Realty to enter into any of the agreements or incur any of the costs listed in Table 1, the Tribunal finds that none of those amounts are recoverable from Mrs Reid by Wise Choice Realty.

2. With respect to the amounts claimed for work undertaken by Wise Choice Realty as listed in Table 2:

   a)Mrs Reid does not dispute items C, I, J or K, and has conceded she will pay Wise Choice Realty a total of $315.58 for those amounts;

   b)With respect to the remaining items in Table 2, all or part of which are disputed by Mrs Reid;

   i)     Items D and P fall within the fees and charges listed in part D of the Item Schedule to the PAMD Form 20a (‘Court hearing attendance’ and ‘Insurance claim’ respectively). Mrs Reid submitted that the amount for both Items should be reduced, but provided no rationale or evidence to support that submission.  Accordingly, the Tribunal finds that Items D and P can be recovered from Mrs Reid by Wise Choice Realty, a total of $464.96; and

   ii) Items A, B, E, F, G, H, L, M, N and O do not fall within the fees and charges listed in part D of the Item Schedule to the PAMD Form 20a so there is no authority to charge for them. Accordingly, and pursuant to s 90 of the POA, the Tribunal finds that none of these amounts can be recovered from Mrs Reid by Wise Choice Realty.

3. The Tribunal’s findings with respect to Wise Choice Realty’s 30 March 2017 invoice to Mrs Reid are summarised in Table 3.

   Table 3:  Tribunal Findings - Wise Choice Realty Invoice 30 March 2017

QCAT     Ref	Description	Amount Invoiced	Tribunal’s Findings
A	Preparation of court docs – 29.1.15	264.00	Not payable (no authority)
B	Attend court to lodge papers – 3.2.15	66.00	Not payable (no authority)
C	Court paper lodgement – 3.2.15	23.00	Conceded
D	Pauline First Hearing – 3 hrs – 12.2.15	198.00	Payable (court hearing attendance)
E	Collection of warrant 1 – 16.2.15	99.00	Not payable (no authority)
F	Attend Warrant Eviction 1 – 23.2.15	275.00	Not payable (no authority)
G	2 x Assistants for Security - 23.2.15	350.00	Not payable (no authority)
H	Prepare for appeals court – 28.2.15	264.00	Not payable (no authority)
I	Secure Parking Brisbane - 4.3.15	73.13	Conceded
J	2nd Hearing Travel time – Brisbane – 4.3.15	120.45	Conceded
K	2nd Hearing Court Attendance – Brisbane – 4.3.15	99.00	Conceded
L	Warrant negotiations – RTA – Sthport Court – 9.3.15	99.00	Not payable (no authority)
M	Collection of Warrant 2 – 9.3.15	66.00	Not payable (no authority)
N	Attend Warrant Eviction 2 – 11.3.15 – 8hrs	440.00	Not payable (no authority)
O	2 x Assistants for Security – 11.3.15	280.00	Not payable (no authority)
P	Insurance claim & follow through	266.96	Payable (insurance claim)
Total	$2,936.58	$780.54

Can Mrs Reid Sell or Dispose of Goods Left by Mr Eiting and Ms Gray?

1. Section 363 of the RTRAA provides that a lessor may apply to the Tribunal for orders authorising the sale or disposal of goods left on premises.

2. Mrs Reid file such an application on 20 June 2017.[14]  Neither Mr Eiting nor Ms Gray attended the hearing.  The Tribunal is satisfied that they were appropriately served with an application, given notices of the hearing about this matter, and given every opportunity to take part.[15]

   [14]MCDT902/17, Southport Registry.

   [15]Orders were made for the Registry to serve Mr Eiting and Ms Gray a copy of the application and notices of hearing by email as their address was unable to be found after reasonable enquiries, and they phone calls were placed to them by the Tribunal at two hearings to determine if they wanted to take part.  They did not answer those calls and did not attend any hearing.  

3. Mr Eiting and Ms Gray left a considerable volume of personal goods behind at Mrs Reid’s property when they were evicted on 11 March 2017.  They have made no attempt to collect those belongings.

4. Mrs O’Brien Wise says that the household goods are currently held at Vic Palmer Removals and Storage at Yatala, and a motor cycle, two jetskis and two trailers are held by Straightline Trailers Pty Ltd at Ormeau.  Mrs O’Brien Wise says that these parties will not release the goods for sale until their fees have been paid.

5. The Tribunal has already found that Mrs Reid has no obligation to pay the invoices Wise Choice Realty gave to her in respect of these fees. 

6. In the absence of any legitimate claim currently before the Tribunal or a Court by any person to withhold the goods, Mrs Reid therefore is entitled to apply under s 363(4)(b) of the RTRAA to sell or dispose of the goods, and to apply the proceeds in accordance with s 363(8).

7. The Tribunal orders accordingly.        

Orders

1. Pursuant to s 13(2)(a)(ii) QCAT Act the Tribunal makes the following orders:

   1.    The following invoices submitted to the Tribunal by Wise Choice Realty on 18 July 2017 are not due and owing by Mrs Reid to Wise Choice Realty or any other person:

   i)Stephen Prowse – 11 July 2017 - $570.00;

   ii)Stephen Prowse – 11 July 2017 - $175.00;

   iii)Straightline Trailers – 12 July 2017 - $2,120.00;

   iv)Vic Palmer Removals and Storage – 12 July 2017 - $15,254.00;

   v)Sharyn Donovan – 11 July 2017 - $140.00; and

   vi)Sharyn Donovan – 11 July 2017 - $175.00 .  

   2.    Of the invoice for $2,936.58 tendered to Mrs Reid by Wise Choice Realty on 30 March 2017, $2,156.04 is not due and owing by Mrs Reid to Wise Choice Realty.

   3. Pursuant to s 363(4)(b) of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) and in strict compliance with the relevant obligations and procedures set out in s 363 and s 364 of that Act, Jeanne Marie Reid is authorised to sell by public auction or dispose of any or all goods still in her possession or control left by Alfred Eiting and Lynette Gray at premises located at Cawley Place Oxenford in March 2015.