Reweti v Lockyer Valley Motors
[2013] QCAT 544
•14 October 2013
| CITATION: | Reweti v Lockyer Valley Motors [2013] QCAT 544 |
| PARTIES: | Mr William Tama Reweti (Applicant) |
| V | |
| Mr Colin Mark Woodard t/as Lockyer Valley Motors (Respondent) |
| APPLICATION NUMBER: | GAR186-12 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the Papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Mr David Paratz, Member |
| DELIVERED ON: | 14 October 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Pursuant to section 488 of the Property Agents and Motor Dealers Act 2000, the claim is allowed in the sum of $11,450.00. 2. Pursuant to section 489 of the Property Agents and Motor Dealers Act 2000, at the expiration of the appeal period the Chief Executive must pay to William Tama Reweti the sum of $11,450.00 from the Claim Fund, and if there is an appeal, payment must not be made until after the appeal is finally decided. 3. 3. Pursuant to section 488(3)(c) of the Property Agents and Motor Dealers Act 2000, Colin Mark Woodard is named liable for the financial loss of Mr Reweti. 4. 4. Upon payment from the Claim Fund and pursuant to sections 490 and 530 of the Property Agents and Motor Dealers Act 2000, Colin Mark Woodard is liable to reimburse the Claim Fund by paying the sum of $11,450.00 to the Chief Executive, Department of Justice and Attorney-General. |
| CATCHWORDS: | Motor dealer – failing to give clear title to motor vehicle – financial loss is market value at date of repossession plus expenses 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 (QCAT Act).
REASONS FOR DECISION
Mr Reweti and his wife went to Lockyer Valley Motors at Gatton on 20 February 2009 to buy a motor vehicle. They met Colin Woodard who was introduced as the proprietor.
After discussion, they agreed to buy a 2005 Ford Territory wagon Registration Number 121-ILP for $20,000. They paid a deposit of $1,000 and were handed a receipt number A035905 dated 20 February 2009 signed by Mr Woodard as the dealer under the business name of Lockyer Valley Motors ABN 38856781 686.
A “Contract for Purchasing a Used Motor Vehicle” in respect of the Ford Territory was signed by Mr Reweti on 14 March 2009. The motor dealer in the “Guarantee of Title to Buyer” section is shown as “Clive Reese, Motor Dealer, Lic. 2001612”. However, in the “Statutory Warranty” section the motor dealer is shown as “Lockyer Valley Motors”. The documents were signed by Mr Woodard. On that date, Mr Reweti paid the balance of $4,500 owing after trade-in allowances on 3 other vehicles, and took possession of the Ford Territory.
Three years later, on 20 March 2012, a licensed commercial agent came to Mr Reweti’s home with a Court Order to repossess the car. On 22 March 2013 the agent took the car.
The Court Order had been obtained from the Magistrates Court of Queensland at Cleveland on 29 February 2012. The Plaintiff was a finance company, Credit Corp. Services. The claim was brought under a Loan & Mortgage Agreement No 2474903, and a Default Notice dated 27 January 2012 had been issued. The respondent to the claim was Mark Colin Woodard.
The Chief Executive has advised that Mr Woodard held a motor dealer’s principal licence from 11 January 2006 to 14 October 2008, and from 16 April 2009 to 5 June 2012. He did not hold a motor dealer’s licence at the time Mr Reweti purchased the vehicle.
S 470(1)(a) of the Property Agents and Motor Dealers Act 2000 provides that a person may make a claim against the fund because of the failure of a motor dealer to ensure a person who has bought a motor vehicle obtains clear title.
On 16 April 2012 Mr Reweti lodged a claim against the fund for $20,000. Notice of the claim was given to Mr Woodard, who did not make any response.
In a statement dated 14 August 2012, Mr Reweti said that he had reconsidered his claim, and in consideration of the length of time he had owned the vehicle and depreciation, he wished to claim $14,250.00. No basis for the calculation of this amount appears.
On 5 April 2013 Mr Reweti requested the claim to proceed in the amount of $14,250.00.
The financial loss that Mr Reweti has suffered is the market value of the vehicle as at the date of repossession, plus his direct cost of the valuation.
The Ford Territory was valued by Queensland Motor Valuations as at March 2012 as $11,250.00. The cost of the valuation was $200.00.
The sales documentation is confused as to who the motor dealer was. It variously shows Lockyer Valley Motors and Clive Reese. Lockyer Valley Motors is not shown as having a motor dealer’s number, and there is no indication that Mr Reese had any involvement with these transactions or with the car yard. The only person who had actual involvement with sale, and the person who held himself out as the motor dealer, was Mr Woodard.
I am satisfied that Mr Reweti has suffered financial loss in the amount of $11,450.00 as a result of Mr Woodard, as the dealer, failing to give clear title to the Ford Territory.
I make the following orders accordingly:-
1. Pursuant to section 488 of the Property Agents and Motor Dealers Act 2000, the claim is allowed in the sum of $11,450.00.
2. Pursuant to section 489 of the Property Agents and Motor Dealers Act 2000, at the expiration of the appeal period the Chief Executive must pay to William Tama Reweti the sum of $11,450.00 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 section 488(3)(c) of the Property Agents and Motor Dealers Act 2000, Colin Mark Woodard is named liable for the financial loss of Mr Reweti.
4. Upon payment from the Claim fund and pursuant to sections 490 and 530 of the Property Agents and Motor Dealers Act 2000, Colin Woodard is liable to reimburse the Claim Fund by paying the sum of $11,450.00 to the Chief Executive, Department of Justice and Attorney-General.
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