Rowley v Abacus Associates Pty Ltd & Anor

CITATION:

Rowley v Abacus Associates Pty Ltd & Anor [2017] QCAT 36

PARTIES:

Graham Milton Rowley
t/as APL/QBC Partnership
(ABN 59250190465)
(Applicant)

v

Abacus Associates Pty Ltd
(ABN 77 134 663 853)
Ian Prescott

(Respondents)

APPLICATION NUMBER:

MCDO2200-14

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

8 July 2016

HEARD AT:

Brisbane

DECISION OF:

Member McLean Williams

DELIVERED ON:

6 January 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The application is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – MINOR CIVIL DISPUTES JURISDICTION – TRADER DISPUTE – definition of “trader” – whether accounting a discipline not normally associated with a trade or commerce – whether Tribunal has jurisdiction over accountants in Minor Civil Dispute jurisdiction

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where Tribunal has original jurisdiction over matters set out in s 450 of the Property Agents and Motor Dealers Act 2000 (Qld) – whether the Tribunal has jurisdiction over contraventions of PAMDA outside this section – whether director of a company not in breach of PAMDA should be named as respondent

Property Agents and Motor Dealers Act 2000 (Qld) (repealed), s 346
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 10(1)(b), s 12(4)(a), s 12(4)(c)

Abacus Associates Pty Ltd v Graham Rowley t/a APL/QBC Partnership [2015] QCATA 37
Early Property Group Pty Ltd trading as Early Group Valuers v Cavillario [2010] QCATA 65
Prestia v Aknar (1996) 40 NSWLR 165

APPEARANCES:

APPLICANT:

Mr Graham Rowley, in person

RESPONDENT:

Mr Ian Prescott, in person

REASONS FOR DECISION

1. This application, filed on 26 September 2014, has some considerable history both before QCAT and in the Magistrates Court, which I will now set out.

2. In about January 2008 a partnership (‘APL/QBC’) consisting of Graham Rowley, Martin Harvey and Michael Jackson was commenced.  On or about 13 August 2009 Abacus and Associates Pty Ltd (‘Abacus Associates’) was engaged by Martin Harvey to perform accounting and bookkeeping services on behalf of the partnership.  The APL/QBC partnership dissolved, yet Abacus Associates continued to undertake accounting work associated with the finalisation of the partnership.  This appears to have included some debt collection work.

3. On 20 September 2013, the present applicant, Mr Graham Milton Rowley commenced proceedings in the Brisbane Magistrates Court against Abacus Associates seeking recovery of accounting fees paid by the partnership for debt collection work.  The basis for that claim is that Abacus Associates is alleged to have carried out unlicensed debt collection work, in contravention of the (now repealed) Property Agents and Motor Dealers Act 2000 (Qld) (‘PAMDA’). The relevant provision in PAMDA is s 346.

4. Whilst the Magistrates Court proceedings were still on foot, on 14 February 2014, the Applicant commenced simultaneous minor civil dispute proceedings (MCD 0333/14) against Abacus Associates in respect of the same matters already claimed in the Magistrates Court.  The claim was for $16,526.96 for debt collection fees, unlawfully charged.

5. On 14 March 2014 Abacus Associates commenced an application to strike out the proceedings,…