Turnbull v McCreath & Ors - [2017] QCAT 190

CITATION:	Turnbull v McCreath & Ors [2017] QCAT 190
PARTIES:	Christopher Turnbull (Applicant)
v
Alister McCreath Stuart Felix McCreath (Respondents)
APPLICATION NUMBER:	OCL015-16
MATTER TYPE:	Other civil dispute matters
HEARING DATE:	28 March 2107
HEARD AT:	Brisbane
DECISION OF:	Member Gardiner
DELIVERED ON:	5 June 2017
DELIVERED AT:	Brisbane
ORDERS MADE:	*1. Pursuant to section 488 of the Property Agents and Motor Dealers Act* 2000 (Qld), the claim by Christopher Turnbull is allowed. 2. The quantum of the claim is to be determined by a further hearing on the papers unless otherwise requested. 3. Pursuant to section 105(3)(c) of the** Agents Financial Administration Act 2014 (Qld), Alistair McCreath, the FBC Group Pty Ltd and Stuart Felix McCreath are named jointly and severally liable for the financial loss of Christopher Turnbull in an amount yet to be determined. 4. Upon payment from the Claim Fund and pursuant to section 116 of the Agents Financial Administration Act 2014 (Qld,) Alistair McCreath the FBC Group Pty Ltd and Stuart Felix McCreath are jointly and severally liable to reimburse the Claim Fund by paying any amount paid to Christopher Turnbull by the Chief Executive, Department of Justice and Attorney-General. It is further Directed: 5. Christopher Turnbull file with the Tribunal two copies and give one copy to the Chief Executive, Department of Justice and Attorney-General of any submissions on the quantum of his claim against the fund by 4.00pm on 30 June 2017. 6. Any submissions must have annexed to them any document or thing upon which Mr Turnbull relies to prove any amounts he claims against the Fund. 7. The Chief Executive, Department of Justice and Attorney-General file with the Tribunal two copies and give one copy to Mr Turnbull of any submission on the quantum of Mr Turnbull’s claim against the fund by 4.00pm on 21 July 2017. 8. The matter will be dealt with in a hearing on the papers unless otherwise requested, not before 21 July 2017.
CATCHWORDS:	ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSION OR TRADES – DEALERS – OTHER DEALERS – REAL ESTATE AGENT – CLAIM AGAINST THE FUND – Where US properties purchased – where unlicensed QLD agent acted for interstate buyer – where some meetings in NSW – where claim made against fund for deposit not repaid and rental monies not paid – whether Tribunal has jurisdiction Property Agents and Motor Dealers Act 2000 (Qld), s 469, s 470, s 574, s 488 Agents Financial Administration Act 2014 (Qld) s 77, s 95, s 105, s 116 Rees v Mighty Enterprises Pty Ltd & Ors [2015] QCAT 312; Brown & Anor v Wilen Pty Ltd & Ors [2012] QCAT 324 followed Goodchild v Ferrantino [2007] CCT PC020-06 followed Ryan v Ferrantino [2010] QCAT 495 followed Mann & Mann v McCreath [2016] QCAT 477 followed
APPEARANCES:
APPLICANT:	Mr Turnbull in person
RESPONDENTS:	No appearance
SUBMISSION:	Submissions were made by 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 Turnbull v McCreath & Ors

Details

AGLC: Turnbull v McCreath & Ors [2017] QCAT 190
Case: [2017] QCAT 190
Decision Date: 5 June 2017

CaseChat Overview and Summary

Turnbull v McCreath & Ors was a matter heard by the Queensland Civil and Administrative Tribunal, involving a dispute between Christopher Turnbull and Alistair McCreath, the FBC Group Pty Ltd and Stuart Felix McCreath. The case centred on claims under the Property Agents and Motor Dealers Act 2000 (Qld) and the Agents Financial Administration Act 2014 (Qld), pertaining to licensing and financial loss. The Tribunal was required to decide whether Turnbull's claims for loss were valid and, if so, the appropriate quantum of compensation. Additionally, it needed to determine the liability of the respondents in relation to Turnbull's financial loss and the reimbursement to the Claim Fund.

The legal issues that arose in the case involved the interpretation and application of statutory provisions concerning professional licensing and financial compensation. Specifically, the court had to examine the extent of liability under section 488 of the Property Agents and Motor Dealers Act 2000 (Qld) and section 105(3)(c) of the Agents Financial Administration Act 2014 (Qld). Furthermore, the court needed to assess whether the financial loss claimed by Turnbull was justified and to what extent the respondents were jointly and severally liable for the claimed amount. The reasoning and outcome of the court's decision were influenced by statutory interpretation and the evidence presented regarding the nature and extent of the financial loss.

The Tribunal found that Turnbull's claim was valid under the statutes mentioned. The court determined that Alistair McCreath, the FBC Group Pty Ltd, and Stuart Felix McCreath were jointly and severally liable for Turnbull's financial loss, pending the determination of the exact amount. Additionally, the respondents were held liable to reimburse the Claim Fund for any compensation paid to Turnbull. The Tribunal scheduled a further hearing to determine the quantum of Turnbull's claim, setting deadlines for submissions from both Turnbull and the Chief Executive, Department of Justice and Attorney-General. The case was to be resolved through a hearing on the papers, with a stipulated timeframe for the submission of evidence and arguments.

Orders

Orders of the court

1. Pursuant to section 488 of the Property Agents and Motor Dealers Act 2000 (Qld), the claim by Christopher Turnbull is allowed.

2. The quantum of the claim is to be determined by a further hearing on the papers unless otherwise requested.

3. Pursuant to section 105(3)(c) of the

Agents Financial Administration Act 2014 (Qld), Alistair McCreath, the FBC Group Pty Ltd and Stuart Felix McCreath are named jointly and severally liable for the financial loss of Christopher Turnbull in an amount yet to be determined.

4. Upon payment from the Claim Fund and pursuant to section 116 of the Agents Financial Administration Act 2014 (Qld,) Alistair McCreath the FBC Group Pty Ltd and Stuart Felix McCreath are jointly and severally liable to reimburse the Claim Fund by paying any amount paid to Christopher Turnbull by the Chief Executive, Department of Justice and Attorney-General.

It is further Directed:

5. Christopher Turnbull file with the Tribunal two copies and give one copy to the Chief Executive, Department of Justice and Attorney-General of any submissions on the quantum of his claim against the fund by 4.00pm on 30 June 2017.

6. Any submissions must have annexed to them any document or thing upon which Mr Turnbull relies to prove any amounts he claims against the Fund.

7. The Chief Executive, Department of Justice and Attorney-General file with the Tribunal two copies and give one copy to Mr Turnbull of any submission on the quantum of Mr Turnbull’s claim against the fund by 4.00pm on 21 July 2017.

8. The matter will be dealt with in a hearing on the papers unless otherwise requested, not before 21 July 2017.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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