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

[2014] QCAT 136

CITATION: The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Repovs [2014] QCAT 136

PARTIES:	The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General (Applicant)
v
Damijan Repovs (Respondent)

APPLICATION NUMBER: GAR036-14

MATTER TYPE: General administrative review matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Professor Ashman, Member

DELIVERED ON: 8 April 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1. Tribunal orders Mr Damijan Repovs to pay to the Claim Fund established under s 408 of the Property Agents and Motor Dealers Act 2000 the sum of $7,487.68

2.    The amount in [1] is to be paid within 21 days of this order.

CATCHWORDS:

Review of a decision made under the Property Agents and Motor Dealers Act 2000 – where a claim was approved against the Claim Fund under the Act – where the principal of a property agency and a corporation were found by the Chief Executive of the Office of Fair Trading to have acted dishonestly and liable for reimbursement of the monies paid by the Fund – where no review was sought at the Tribunal in regard to the Chief Executive’s decision – where the principal and corporation did not participate in the Tribunal’s review procedures – where the Tribunal finds liability for repayment of the amount paid by the Claim Fund

Property Agents and Motor Dealers Act 2000, ss 408, 482, 483, 490, and 527

APPEARANCES and REPRESENTATION:

The application was heard on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. Mr Repovs was a principal of Growstar Pty Ltd trading as GC Residential Rentals[1] that managed a property on Hope Island owned by Mr Steven Urwin and Ms Kerri Hampton. The owners sought a claim against the Claim Fund set up under the Property Agents and Motor Dealers Act 2000 (Qld) on the basis that rental income from the property for a particular period during which Growstar was the managing agency had not been deposited in their respective bank accounts. The amount sought was $7,487.68.

   [1]Holding a current Real Estate Principal Licence and Real Estate Corporation Licence respectively.

2. The Chief Executive of the Office of Fair Trading undertook an investigation and found that funds had not been transferred to the property owner by the rental agency. On 30 September 2011, the Chief Executive issued a decision that: (1) allowed the claim against the Claim Funds for the amount sought; (2) found that Growstar Pty Ltd and Mr Repovs were jointly and severally liable for the claimants’ financial loss; and (3) that Growstar and Mr Repovs were jointly and severally liable to reimburse the Claim Fund for the amount of the finding.

3. The statement of reasons issued by the Chief Executive noted that neither Growstar nor Mr Repovs had responded to the Claim Notice. The Chief Executive was satisfied that the respondents acted dishonestly in rendering an account known to be false and had not forwarded rental monies to the owners to which they were entitled.

4. The Chief Executive issued a notice to Growstar and Mr Repovs on the date of the decision to their last known addresses. The respondents did not apply to the Queensland Civil and Administrative Tribunal for a review of the decision and on 8 December 2011, the Claim Fund paid the property owners the amount sought, $7,487.68.

5. The Chief Executive sent Growstar and Mr Repovs a letter of demand for payment to enable the Claim Fund to recover the amount paid. As no reimbursement was forthcoming, the Chief Executive sought a reimbursement order from the Tribunal.

6. On 17 February 2014, the Tribunal issued directions inviting Mr Repovs to file a statement setting out for the Tribunal and the Chief Executive the way in which he intends to satisfy settlement of the claim for reimbursement. He was notified that the Tribunal would make an order if it was satisfied by the submissions by the Chief Executive.

7. Documents sent to Mr Repovs last known address were returned to the Tribunal unopened.

8. Upon review of the submission made by the property owners and by the Chief Executive, the Tribunal is satisfied that the Chief Executive has made an appropriate decision in regard to a claim against the Claim Fund, and an appropriate decision in regard to liability for reimbursement of the amount paid by the Fund. Relevant notices under ss 482, 483, and 490(4) of the Act were issued and Mr Repovs or Growstar has paid no amount as reimbursement.

9. The Tribunal finds that the Chief Executive has fulfilled its obligations under the Act. Furthermore, Mr Repovs has not participated in the Tribunal’s processes and finds on the basis of the material available to it that he is liable to reimburse the Claim Fund.

10. Pursuant to s 527 of the Act, the Tribunal orders Mr Repovs to pay to the Claim Fund established under s 408 of the Act, the sum of $7,487.68 with that amount to be paid within 21 days of this order.