Tran v Turner - [2023] QCAT 290

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Tran & Ors v Turner & Anor [2023] QCAT 290

PARTIES:

CINDY TRAN, MINH THUY TRAN, HOANG NAM PHI, PHUONG UYEN PHI, THI PHUONG LINH HA, XUAN RA TRAN, HA ANH TRAN, VAN PHU VU, THI PHUONG DO, THI THANH HA PHAM, THI NHUNG NGUYEN, SY HIEN NGUYEN, MINH TU NGUYEN, MINH THANG NGUYEN, DUC TUAN TRAN, THI HOA PHAM, THI NHI NGUYEN, HUY VU NGUYEN, THI TRA LINH DOAN, SY HOANG PHAM, THI MY TU NGUYEN, THI HONG HA NGUYEN, THI PHUC CAO, VAN DUNG TRAN, HONG HA NGUYEN, HONG ANH NGUYEN, NGUYEN QUYNH TRANG PHAN, NGUYEN XUAN LE, HUYNH AN TRAN, THI NGA HUYNH, THI HAI NGUYEN, MINH CHAU NGUYEN, VAN PHUC NGUYEN AND TRUONG GIANG NGUYEN

(applicants)

v

RICHARD WILLIAM TURNER AND PBGC PTY LTD, ACN 167 460 317 (FORMERLY BROOKWATER RESORT INVESTMENTS PTY LTD, ACN 167 460 31)

(respondents)

APPLICATION NO/S:

OCL 074-21, OCL 077-21, OCL 078-21, OCL 079-21, OCL 081-21, OCL 082-21, OCL 083-21, OCL 084-21, OCL 085-21, OCL 086-21, OCL 087-21, OCL 088-21, OCL 089-21, OCL 090-21, OCL 091-21, OCL 092-21, OCL 093-21, OCL 094-21

MATTER TYPE:

General administrative review matters

DELIVERED ON:

26 July 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Scott-Mackenzie

ORDERS:

OCL 074-21

PARTIES: CINDY TRAN

(applicant)

v

RICHARD WILLIAM TURNER and PBGC PTY LTD, ACN 167 460 317 (formerly BROOKWATER RESORT INVESTMENTS PTY LTD, ACN 167 460 31)

(respondents)

1. Pursuant to section 122(1) of the Agents Financial Administration Act 2014 (Qld), the time within which the applicant may make a claim against the claim fund is extended to 5 August 2021, the date on which the applicant made a claim.

2.   The parties, by 4.00pm on 15 August 2023, file and serve on each other by email submissions on the future conduct of the claim, including, without limitation, whether the claim should be referred to the Chief Executive for decision or decided by the Tribunal.

3.   Unless a party, by 4.00pm on 15 August 2023, gives notice requesting an oral hearing, the future conduct of the claim be decided on the papers after 15 August 2023.

OCL 077-21

PARTIES: MINH THUY TRAN, HOANG NAM PHI and PHUONG UYEN PHI

(applicants)

v

RICHARD WILLIAM TURNER and PBGC PTY LTD, ACN 167 460 317 (formerly BROOKWATER RESORT INVESTMENTS PTY LTD, ACN 167 460 31)

(respondents)

1. Pursuant to section 122(1) of the Agents Financial Administration Act 2014 (Qld), the time within which the applicants may make a claim against the claim fund is extended to 5 August 2021, the date on which the applicants made a claim.

2.   The parties, by 4.00pm on 15 August 2023, file and serve on each other by email submissions on the future conduct of the claim, including, without limitation, whether the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Tran v Turner

Details

AGLC: Tran v Turner [2023] QCAT 290
Case: [2023] QCAT 290
Decision Date

CaseChat Overview and Summary

The case of Tran v Turner before the Queensland Civil and Administrative Tribunal involved thirty-three applicants seeking an extension of time to make claims against a claim fund under the Agents Financial Administration Act 2014 (Qld). Each applicant had entered into contracts of sale for lots in a development but alleged their deposits were misappropriated or stolen by the developers. The applicants sought extensions under section 122(1) of the Act, which allows the Tribunal to extend time if it is satisfied it is appropriate to do so, having regard to specified factors. The key issues for the Tribunal to decide were whether the applicants had provided sufficient reasons for the delay in making their claims and whether extending the time would cause hardship to the respondents or be unjust. The Tribunal found the applicants had given reasonable explanations for the delay, including being misled by the developers and the complexity of the legal system. The Tribunal also found the applicants would suffer significant hardship if the extension was not granted. The Tribunal decided to extend the time for making the claims and ordered the parties to file submissions on the future conduct of the claims, with the Tribunal to decide the claims unless an oral hearing was requested.

Orders