The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v McVey

[2014] QCAT 432

CITATION: The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v McVey & Anor [2014] QCAT 432

PARTIES:	The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General (Applicant)
v
Scott McVey Save Cash Pty Ltd as Trustee for McVey Family Trust t/a Save Cash Auto Brokers (Respondents)

APPLICATION NUMBER: OCL034-14

MATTER TYPE: Other civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Acting Senior Member Paratz

DELIVERED ON: 2 September 2014

DELIVERED AT: Brisbane

ORDERS MADE: 1. Scott Peter McVey and Save Cash Pty Ltd as trustee for McVey Family Trust t/a Save Cash Auto Brokers are, pursuant to s 527 of the Property Agents and Motor Dealers Act 2000, liable to reimburse, and are ordered to pay to, the Claim Fund established under s 408 of the Act the sum of $2,968.20 within 21 days of the date of this order.

CATCHWORDS:

MOTOR VEHICLE BROKER – CLAIM AGAINST THE FUND - Where an application for reimbursement to the claim fund under the Property Agents and Motor Dealers Act 2000 was made – where claims against the fund – where respondents named as responsible persons – where amount still outstanding to the claim fund

Property Agents and Motor Dealers Act 2000 (Qld) s 482, s 490(4), s 527, s 528

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 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Mr McVey was a principal of Save Cash Pty Ltd as Trustee for McVey Family Trust trading as Save Cash Auto Brokers (Save Cash) which conducted a business as motor vehicle brokers.[1]

   [1]I am satisfied as to the accuracy of the facts set out in the signed Statement of Claim attached to this Application, as evidenced by the attachments to it, and which have not been challenged, and rely upon them.

2. Two claims were allowed against the Claim Fund under the Property Agents and Motor Dealers Act 2000 (Qld) (‘the Act’) as a result of the actions of McVey and Save Cash by decisions of the Chief Executive of the Department of Justice and Attorney-General, and Information Notices were given under s 482 of the Act, as follows:

Claimant’s Name	Date of Decision and Information Notice	Amount Allowed
Terence King	2 December 2010	$4,968.20
Michael Williams	8 December 2010	$4,250.00
$9,218.20

1. All correspondence was sent by the Chief Executive to the last known address of McVey and Save Cash, at 23 Cicada Close, Buderim, Queensland.

2. Mr McVey and Save Cash were named as liable for the financial loss of the claimants in the decisions under s 481(3)(c) of the Act.

3. On 14 February 2011, the Chief Executive paid the sum of $4,968.20 to Terence King, and on 16 February 2011 the sum of $4,250.00 to Michael Williams from the Claim Fund. Section 490 of the Act authorises the Chief Executive to recover amounts paid from the claim fund from the responsible persons named as liable for the claimants’ financial loss.

4. On 18 April 2011 the Chief Executive made demand for payment of the amounts paid from the Claim Fund from McVey and Save Cash by posting a letter of demand under s 490(4) of the Act.

5. The Acting Senior Recoveries Officer for the Claims and Recoveries Branch, Mr Gough, deposed on 17 April 2014 that the amount of $9,128.20 had been paid from the Claim Fund, and that to that date payments totalling $6,250.00 towards the debt had been paid, and that an amount of $2,968.20 remained outstanding.

6. The Chief Executive made an application on 23 April 2014 to the Tribunal under s 527(2) of the Act for an order that McVey and Save Cash reimburse the fund.

7. Directions were made by the Tribunal on 27 May 2014 having regard to s 528(1) of the Act advising Mr McVey and “Save Cash Auto Brokers” of the application for reimbursement order. Save Cash Pty Ltd as trustee for McVey Family Trust traded as Save Cash Auto Brokers, and I am satisfied that the notice given to “Save Cash Auto Brokers” was notice to Save Cash Pty Ltd as Trustee for McVey Family Trust.

8. The Directions made on 27 May 2014 invited McVey and Save Cash to make written submissions for the tribunal’s consideration about when and in what way they intended to satisfy the amount paid from the fund in settlement of the claims, as required under s 528(2) of the Act, by 4pm on 27 June 2014.

9. The Directions made on 27 May 2014 also advised that the tribunal would make a reimbursement order if it was satisfied of the matters required under s 528 of the Act; and that the Application would be determined on the papers not before 11 July 2014.

10. No submissions were received from McVey or Save Cash. This is the decision on the papers on the Application.

11. I am satisfied as to the following matters required under s 528(c) of the Act:

    a)    the Chief Executive made decisions in relation to the claims against the fund as detailed above

    b)    under the Chief Executive’s decisions, McVey and Save Cash are liable to reimburse the fund in the amounts stated in the decisions

    c) an information notice under s 482 was given to McVey and Save Cash as detailed above

    d) neither McVey or Save Cash have applied to the tribunal under s 483 of the Act to have the decision reviewed

    e) a letter of demand was sent to McVey and Save Cash under section 490(4) as detailed above

    f)     neither McVey or Save Cash have paid the stated amount within the time allowed under the letter of demand

1. I find that the requirements of s 527 and s 528 of the Act have been satisfied, and that pursuant to those sections, Mr McVey and Save Cash Pty Ltd as Trustee for McVey Family Trust t/a Save Cash Auto Brokers are liable to reimburse, and are ordered to pay to the Claim Fund established under s 408 of the Act the sum of $2,968.20 within 21 days of the date of this order.