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

[2014] QCAT 137

CITATION: The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General
v Siu [2014] QCAT 137

PARTIES:	The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General (Applicant)
v
Rodney Lang Siu (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: 9 April 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1. Tribunal orders Rodney Lang Siu to pay to the Claim Fund established under s 408 of the Property Agents and Motor Dealers Act 2000 the sum of Eight Thousand Nine Hundred and Fifty dollars ($8,950.00).

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 an unlicensed motor vehicle dealer was found by the Chief Executive of the Office of Fair Trading to having misrepresented the status of a motor vehicle to a purchaser 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 unlicensed motor dealer 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 s 574
Queensland Civil and Administrative Tribunal Act 2009 s 32(2)

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 Robert Platt and his partner, Ms Schaeller, purchased a motor vehicle from Mr Siu for $16,500, which was paid in cash toward the end of September 2009. On 11 November 2009, Mr Platt received correspondence from the Office of Fair Trading that the car was a repairable write-of. It was suspected that the odometer had been changed. On the following day, Mr Platt had the vehicle mechanically inspected and a significant number of issues were identified that required urgent attention. It appears that the vehicle had been involved in an accident, had been poorly repaired, and at the time of the purchase from Mr Siu had a value of $7,750. An accident repair specialist stated, “I would doubt if the vehicle should be allowed on the road”.

2. Mr Platt initiated a claim against the Claim Fund established under the Property Agents and Motor Dealers Act 2000.

3. The Chief Executive of the Office of Fair Trading undertook an investigation and found in favour of Mr Platt and allowed the claim for $8,950. The investigation revealed that Mr Siu had purchased a number of damaged and/or written-off vehicles from a number of authorised traders, several having been purchased in the name of Mr Siu’s wife, Telesia Otukolo.

4. In May 2010, Mr Siu was convicted and fined for falsely representing the odometer reading of Mr Platt’s vehicle. Mr Platt’s vehicle had been written off on 15 May 2009 with an odometer reading of 122,394 kilometres. The odometer reader when Mr Platt purchased the vehicle in September that year was approximately 26,000 kilometres.

5. On 4 February 2011, the Chief Executive issued a decision and reasons for that decision. It found that Mr Siu was not licensed as a motor dealer and was acting as licensee at the time of the sale of the vehicle to Mr Platt.

6. The Chief Executive was satisfied that Mr Platt had incurred a financial loss of $8,950 as a result of Mr Siu’s contravention of s 574 of the Act, that is, he had made false representations about the vehicle.

7. The Chief Executive issued an information notice to Mr Siu on 4 February 2011 and a Letter of Demand on 10 August 2011 in pursuit of recovery of the monies paid from the Claim Fund. Mr Siu did not apply to the Queensland Civil and Administrative Tribunal for a review of the decision.

8. On 7 March 2014, the Tribunal issued directions inviting Mr Siu 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 were satisfied by the submissions by the Chief Executive.

9. Documents sent to Mr Siu’s last known address were returned to the Tribunal unopened.

10. Upon review of the submission accompanying Mr Platt’s application to the Department of Fair Trading and those made 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, that Mr Siu had misrepresented his status and the status of the motor vehicle that he sold to Mr Platt, and an appropriate decision was made in regard to liability for reimbursement of the amount paid by the Fund. Relevant notices required by the Act were issued and Mr Siu has paid no amount as reimbursement.

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

12. Pursuant to s 527 of the Act, the Tribunal orders Mr Siu to pay to the Claim Fund established under s 408 of the Act, the sum of $8,950.00 with that amount to be paid within 21 days of this order.