Ryan v Ferrantino

The applicants, Robert Craig Ryan and Kristi Ann Ryan, sought compensation from the Queensland Civil and Administrative Tribunal (QCAT) against the Property Agents and Motor Dealers (Claims) Fund (the Fund) for the misapplication of deposit monies by the respondent, Rocco Ferrantino. The deposit was paid for the sale of a property in New South Wales and was intended to be held in trust by Ferrantino. The applicants claimed that Ferrantino misapplied the funds contrary to the Property Agents and Motor Dealers Act 2000 (PAMD Act). The Tribunal was required to determine whether it had jurisdiction to hear the claim, and if so, whether Ferrantino had misapplied the deposit monies.

The Tribunal considered whether it had jurisdiction to hear the claim, noting that the PAMD Act did not expressly confer jurisdiction on QCAT to hear claims against the Fund. However, the Tribunal found that the PAMD Act impliedly conferred jurisdiction on QCAT by providing a mechanism for claims against the Fund. The Tribunal also found that the applicants' claim was not time-barred, despite the fact that the sale of the property occurred in New South Wales. The Tribunal held that the applicants' cause of action accrued when the deposit monies were paid to Ferrantino, which was within the six-year limitation period provided by the Limitation of Actions Act 1974 (Qld).

The Tribunal found that Ferrantino had misapplied the deposit monies by using them for his own purposes, contrary to section 470(1)(e) of the PAMD Act. The Tribunal held that Ferrantino was liable for the financial loss suffered by the applicants, and that the applicants were entitled to compensation from the Fund. The Tribunal ordered that the Chief Executive of the Department of Employment, Economic Development and Innovation pay the applicants the sum of $63,773.18 from the Fund. The Tribunal also ordered that Ferrantino reimburse the Fund for the amount paid to the applicants. The Tribunal noted that the payment from the Fund would be stayed until the end of the period allowed for appeal, and if there was an appeal, until the appeal was finally decided.

The Tribunal made orders pursuant to section 530 of the PAMD Act that the Chief Executive of the Department of Employment, Economic Development and Innovation pay the applicants the sum of $63,773.18 from the Fund. The Tribunal also made orders pursuant to section 489 of the PAMD Act that the payment be stayed until the end of the period allowed for appeal, and if there was an appeal, until the appeal was finally decided. The Tribunal made orders pursuant to section 488(3)(c) of the PAMD Act that Ferrantino was liable to reimburse the Fund for the amount paid to the applicants.