The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General; v Stephen Joseph
[2014] QCAT 322
| CITATION: | The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Stephen Joseph & Ors [2014] QCAT 322 |
| PARTIES: | The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General (Applicant) |
| v | |
| Stephen Joseph WW Consolidated Investments Pty Ltd (ACN 116 508 279) (Respondents) |
| APPLICATION NUMBER: | GAR035-14 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Paratz |
| DELIVERED ON: | 3 July 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Pursuant to s 527 of the Property Agents and Motor Dealers Act 2000 Mr Stephen Joseph and WW Consolidated Investments Pty Ltd are liable to reimburse, and are ordered to pay to, the Claim Fund established under s 408 of the Act the sum of $6,722.52 within 21 days of the date of this Order. |
| CATCHWORDS: | Where an amount of $6,722.52 was paid out from the Claim Fund under the PAMD Act – where the requirements of the act were made out as to notice to the Respondents – where Directions were posted to the last known address of an individual and the business – where the Directions which were posted were returned to the Tribunal – where no requirement for personal service – where post constituted giving the documents 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 (QCAT Act).
REASONS FOR DECISION
The Chief Executive allowed a claim on 17 July 2012 by Mr Paul Chow against the Claim Fund established under the Property Agents and Motor Dealers Act 2000 (Qld) (the Act) for the sum of $6,722.52.[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.
Stephen Joseph and WW Consolidated Investments Pty Ltd were named as liable for the financial loss of Mr Chow and liable to reimburse the Claim Fund.
The Chief Executive posted to Stephen Joseph and WW Consolidated Investments Pty Ltd by ordinary post an Information Notice dated 17 July 2012 enclosing a copy of the Chief Executive’s decision, as required by s 482 of the Act. The correspondence was posted to the last known address of Stephen Joseph and WW Consolidated Investments Pty Ltd being 373 Webster Road, Stafford, Queensland.
Stephen Joseph and WW Consolidated Investments Pty Ltd did not apply to the Tribunal for a Review of the decision of the Chief Executive, pursuant to s 483 of the Act.
The amount of $6,722.52 was paid from the Claim Fund to Mr Chow on 31 August 2012.
The Chief Executive sent a demand for payment to Stephen Joseph and WW Consolidated Investments Pty Ltd by ordinary post on 27 September 2012, as required by s 490(4) of the Act. The demand was posted to the last known address of Stephen Joseph and WW Consolidated Investments Pty Ltd being 373 Webster Road, Stafford, Queensland.
No payments have been made to the Chief Executive by Stephen Joseph and WW Consolidated Investments Pty Ltd.
The Chief Executive applied to the Tribunal for a reimbursement order pursuant to s 527 of the Act on 29 January 2014. The application was accompanied by the documents required under s 527(3) of the Act.
I gave Directions on 10 March 2014 inviting Stephen Joseph and WW Consolidated Investments Pty Ltd to make written submissions about how they intend to satisfy the amount of $6,722.52 by 4pm on 28 March 2014. No submissions were received.
The Directions advised Stephen Joseph and WW Consolidated Investments Pty Ltd 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 9 April 2014.
Section 528(1)(b) of the Act provides that the Registrar must ‘give … to the respondent’ a copy of the application and the accompanying documents. The Act does not require personal service.
The Directions were posted to the last known address of Stephen Joseph and WW Consolidated Investments Pty Ltd being 373 Webster Road, Stafford, Queensland, on 11 March 2014.
The envelope and Directions were returned to the Registry on 20 March 2014 marked ‘Not at this address’. No response to the Directions was received from Stephen Joseph or WW Consolidated Investments Pty Ltd.
Rule 39(1)(b) of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) provides that unless an enabling Act provides otherwise, a document required to be given to an entity in a proceeding may be given to the entity by sending it by post to the ‘relevant address’. Rule 39(2)(b)(i) provides that the ‘relevant address’ for giving a document to an entity means for posting the document to the entity, if an entity does not have an address for service, by posting it to the address as provided in the service practice direction.
QCAT Practice Direction No 8 of 2009 provides that:
13.For the purpose of either posting a document or leaving a document with someone pursuant to rule 39 (Giving other documents to other persons) the relevant address where the entity does not have an address for service is:
(a)for an individual, their last known residential or business address;
(b)for an entity other than an individual:
(i)its last known business address; and
(ii)the last known residential address of a person apparently in a position of authority in relation to that entity
The Directions were posted to the last known residential or business address of Stephen Joseph and WW Consolidated Investments Pty Ltd being 373 Webster Road, Stafford, Queensland. Therefore, even though the documents were returned to the Tribunal, this constitutes giving the document under the Rules.
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 Stephen Joseph and WW Consolidated Investments Pty Ltd. I order accordingly, with payment to be made within 21 days.
Pursuant to s 527 of the Property Agents and Motor Dealers Act 2000 Mr Stephen Joseph and WW Consolidated Investments Pty Ltd are liable to reimburse, and are ordered to pay to, the Claim Fund established under s 408 of the Act the sum of $6,722.52 within 21 days of the date of this Order.
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