The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v O'Brien

[2014] QCAT 326

CITATION: The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v O’Brien & Anor [2014] QCAT 326

PARTIES:	The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General (Applicant)
v
Michael O’Brien Brett Devenish (Respondents)

APPLICATION NUMBER: OCR053-14

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Member Paratz

DELIVERED ON: 8 July 2014

DELIVERED AT: Brisbane

ORDERS MADE: 1. Pursuant to s 527 of the Property Agents and Motor Dealers Act 2000 Michael O’Brien and Brett Devenish are liable to reimburse, and are ordered to pay to, the Claim Fund established under s 408 of the Act the sum of $6,575.00 within 21 days of the date of this Order.

CATCHWORDS:

Where an amount of $6,575.00 was paid out from the Claim Fund under the Property Agents and Motor Dealers Act 2000 – where the requirements of the act were made out as to notice to the Respondents

Property Agents and Motor Dealers Act 2000 (Qld), s 408, s 482, s 483, s 490(4), s 527, s 528, s 528(c)

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. The Chief Executive allowed a claim on 4 June 2013 by Mr Martin Stenson and Ms Rhonda Petrie against the Claim Fund established under the Property Agents and Motor Dealers Act 2000 (Qld) (‘the Act’) for the sum of $6,575.00.[1]

   [1]The facts of this matter as alleged in the Statement of Claim filed with the application, have not been challenged, and I accept them.

2. Michael O’Brien and Brett Devenish were named as liable for the financial loss of Mr Martin Stenson and Ms Rhonda Petrie and liable to reimburse the Claim Fund.

3. The Chief Executive posted to Michael O’Brien and Brett Devenish by ordinary post an Information Notice on 4 June 2013 enclosing a copy of the Chief Executive’s decision, as required by s 482 of the Act.

4. Michael O’Brien and Brett Devenish did not apply to the Tribunal for a Review of the decision of the Chief Executive, pursuant to s 483 of the Act.

5. The amount of $6,575.00 was paid from the Claim Fund to Mr Martin Stenson and Ms Rhonda Petrie on 22 July 2013.

6. The Chief Executive sent a demand for payment to Michael O’Brien and Brett Devenish by ordinary post on 9 September 2013, as required by s 490(4) of the Act. The demand was posted to the last known addresses of Michael O’Brien and Brett Devenish.

7. No payments have been made to the Chief Executive by Michael O’Brien and Brett Devenish.

8. The Chief Executive applied to the Tribunal for a reimbursement order pursuant to s 527 of the Act on 20 March 2014. The application was accompanied by the documents required under s 527(3) of the Act.

9. I gave Directions on 31 March 2014 inviting Michael O’Brien and Brett Devenish to make written submissions about how they intend to satisfy the amount of $6,575.00 by 4pm on 22 April 2014. No submissions were received.

10. The Directions advised Michael O’Brien and Brett Devenish that the Tribunal would make a reimbursement order if satisfied of the matters set out in s 528(1)(c) of the Act, which were set out in the Notice, and that the application would be determined on the papers not before 2 May 2014.

11. The matters of which the Tribunal is to be satisfied under s 528(1)(c) of the Act are as follows:

    a)    The Chief Executive has made a decision in relation to the claim against the fund; and

    b)    Under the Chief Executive’s decision Michael O’Brien and Brett Devenish are liable to reimburse the fund in a stated amount; and

    c) An information notice under s 482 was given to Michael O’Brien and Brett Devenish: and

    d) Michael O’Brien and Brett Devenish did not apply to the Tribunal under s 483 to have the decision reviewed; and

    e) A letter of demand was sent to Michael O’Brien and Brett Devenish under s 490(4); and

    f)      Michael O’Brien and Brett Devenish have not paid the stated amount within the time allowed under the letter of demand.

12. I am satisfied that the requirements of s 527 and s 528 of the Act have been satisfied, and that a reimbursement order should be made against Michael O’Brien and Brett Devenish. I order accordingly, with payment to be made within 21 days.

13. Pursuant to s 527 of the Property Agents and Motor Dealers Act 2000 Michael O’Brien and Brett Devenish are liable to reimburse, and are ordered to pay to, the Claim Fund established under s 408 of the Act the sum of $6,575.00 within 21 days of the date of this Order.