Chief Executive, Office of Fair Trading, Department of Justice v Sands & Anor [2026] QCAT 166

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: Chief Executive, Office of Fair Trading, Department of Justice v Sands & Anor [2026] QCAT 166 PARTIES: CHIEF EXECUTIVE, OFFICE OF FAIR TRADING, DEPARTMENT OF JUSTICE (Applicant) v MATTHEW SANDS (First Respondent) DAVID GERARD HOLSTEIN (Second Respondent) APPLICATION NO/S: OCL094-25 MATTER TYPE: Other civil dispute matters DELIVERED ON: 7 April 2026 HEARING DATE: 28 March 2026 HEARD AT: Brisbane DECISION OF: Acting Judge R W Haddrick, Supplementary Member ORDERS: The First Respondent is, pursuant to ss 117 and 119 of the Agents Financial Administration Act 2014 (Qld), liable to reimburse the Claim Fund, and is ordered to pay to the Applicant the sum of $45,283.25 within 21 days of the date of this order. The First Respondent and the Second Respondent are, pursuant to ss 117 and 119 of the Agents Financial Administration Act 2014 (Qld), jointly and severally liable to reimburse the Claim Fund, and is ordered to pay to the Applicant the sum of $25,370.00 within 21 days of the date of this order. CATCHWORDS: REIMBURSEMENT OF THE CLAIM FUND – Agents Financial Administration Act 2014 – Liability to reimburse the Claim Fund – where respondents have changed their legal names – no application to review a decision made Agents Financial Administration Act 2014 (Qld), s 100, s 116, s 117, s 118, s 119 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 33, s 157 -- 1 of 6 -- 2 APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) REASONS FOR DECISION Introduction [1] This application was heard on the papers. This is an application in the Tribunal’s original jurisdiction for an order under ss 117, 118 and 119 of the Agents Financial Administration Act 2014 (Qld) (the “AFAA”). The application is brought by the Chief Executive of the Office of Fair Trading (the “Applicant”) to obtain an order that Matthew Sands and David Gerard Holstein reimburse the Claim Fund (the “Fund”) for payments made by the Applicant to those two individuals. Authority to make an application [2] Section 117 of the AFAA provides that the Applicant may apply to this Tribunal for an order that Matthew Sands and David Gerard Holstein (the “Respondents”) reimburse the Fund if: (a) the Applicant allowed, wholly or partly, a claim against the Fund under s 100 of the AFAA; and (b) the Respondents are liable to reimburse the Fund under s 116 of the AFAA, but have not done so as required by a letter of demand given to the Respondents .1 [3] Filed with the application by the Applicant was a bundle of documents (the “Bundle”) relevant to this matter. Claim against the Claim Fund [4] Between 22 April 2020 and 7 November 2023, the Applicant decided six claims against the Fund involving the Respondents. The decisions: (a) ordered an amount (individual to each claim) be paid to each Claimant at the expiration of the review period;2 (b) named the Respondents as the liable parties for each Claimant’s financial loss, and as liable to reimburse the Fund for the amount paid from the Fund; and (c) if more than one of the Respondents were named as liable, the liable parties were named jointly and severally liable.3 [5] Relevant to this application, the Applicant advised the Tribunal that: (a) Auto Dealers Brisbane Pty Ltd (ACN 609 193 482) was deregistered on 20 August 2020 and is not a respondent to this application; and (b) Fair Deal Carsales Pty Ltd (ACN 657 526 577) was deregistered on 19 January 2025 and is not a respondent to this application. 1 In accordance with s 116(6) of AFAA. 2 Defined in ss 101, 102, 103 of AFAA, and the Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 33. 3 Pursuant to s 116 of AFAA. -- 2 of 6 -- 3 Claim Fund decision 0022830 [6] On 24 April 2020, the Applicant decided a claim against the Fund lodged by Anh Phuong La against the First Respondent. [7] On 24 April 2020, the Applicant sent the First Respondent written notice of the decision in the form of a letter, attaching a copy of the Information Notice. The Information Notice: (a) ordered that $892.60 be paid to Anh Phuong La at the expiration of the review period; and (b) named the First Respondent as the party liable for Anh Phuong La’s financial loss and as liable to reimburse the Fund in the amount of $892.60. [8] The notice of decision and Information Notice were sent to the First Respondent via their last known address at the time. A copy was also emailed to him at two known email addresses. [9] On 26 May 2020, the Tribunal confirmed that no application to review the decision had been filed. [10] On 4 June 2020, the Applicant paid the sum of $892.60 to Anh Phuong La from the Fund in accordance with the decision. [11] A copy of the notice of decision and Information Notice for Claim fund decision 0022830 has been provided to the Tribunal. Claim Fund decision 0022654 [12] On 22 April 2020, the Applicant decided a claim against the Fund lodged by Michelle Anita Smith against the First Respondent. [13] On 24 April 2020, the Applicant sent the First Respondent written notice of the decision in the form of a letter enclosing a copy of the Information Notice. The Information Notice: (a) ordered that $166.10 be paid to Michelle Anita Smith at the expiration of the review period; and (b) named the First Respondent as the party liable for Michelle Anita Smith’s financial loss and as liable to reimburse the Fund in the amount of $166.10. [14] The notice of decision and Information Notice were sent to the First Respondent via their last known address at the time. A copy was also emailed to him at two known email addresses. [15] On 26 May 2020, the Tribunal confirmed that no application to review the decision had been filed. [16] On 4 June 2020, the Applicant paid the sum of $166.10 to Michelle Anita Smith from the Fund in accordance with the decision. [17] A copy of the notice of decision and Information Notice for Claim fund decision 0022654 has been provided to the Tribunal. Claim Fund decision 0023368 -- 3 of 6 -- 4 [18] On 2 September 2020, the Applicant decided a claim against the Fund lodged by Demosthenis Bessios against the First Respondent. [19] On 2 September 2020, the Applicant sent the First Respondent written notice of the decision in the form of an email enclosing a copy of the Information Notice. The Information Notice: (a) ordered that $654.55 be paid to Demosthenis Bessios at the expiration of the review period; and (b) named the First Respondent as the party liable for Demosthenis Bessios’ financial loss and as liable to reimburse the Fund in the amount of $654.55. [20] On 2 September 2020, the Applicant decided a claim against the Fund lodged by Demosthenis Bessios against the First Respondent. [21] The notice of decision and Information Notice were sent to the First Respondent by email. [22] On 16 October 2020, the Tribunal confirmed that no application to review the decision had been filed. [23] On 2 November 2020, the Applicant paid the sum of $654.55 to Demosthenis Bessios from the Fund in accordance with the decision. A copy of the notice of decision and Information Notice for Claim Fund decision 0023368 was provided to the Tribunal. Claim Fund decision 0030414 [24] On 2 August 2023, the Applicant decided a claim against the Fund lodged by Vanessa and Ian Gee against the Respondents. [25] On 2 September 2023, the Applicant sent the Respondents written notice of the decision in the form of a letter enclosing a copy of the Information Notice. The Information Notice: (a) ordered that $25,000.00 be paid to Vanessa and Ian Gee at the expiration of the review period; and (b) named the Respondents as the parties jointly and severally liable for Vanessa and Ian Gee’s financial loss and as liable to reimburse the Fund in the amount of $25,000.00. [26] On 3 August 2023 the notice of decision and Information Notice was sent to the First Respondent via their last known address. A copy was also emailed to the First Respondent. [27] On the same date, the notice of decision and Information Notice was sent to the Second Respondent via their last known address. A copy was also emailed to the Second Respondent. [28] On 14 September 2023, 6 October 2020, the Tribunal confirmed that no application to review the decision had been filed. [29] On 28 September 2023, the Applicant paid the sum of $25,000.00 to Vanessa and Ian Gee from the Fund in accordance with the decision. A copy of the notice of decision and Information Notice for Claim Fund decision 0030414 was provided to the Tribunal. -- 4 of 6 -- 5 Claim Fund decision 0030493 [30] On 19 September 2023, the Applicant decided a claim against the Fund lodged by Brandon Smillie against the First Respondent. [31] On 20 September 2023, the Applicant sent the First Respondent written notice of the decision in the form of a letter enclosing a copy of the Information Notice. The Information Notice: (a) ordered that $18,200.00 be paid to Brandon Smillie at the expiration of the review period; and (b) named the Respondents as the party liable for Brandon Smillie’s financial loss and as liable to reimburse the Fund in the amount of $18,200.00. [32] The notice of decision and Information Notice were sent to the First Respondent via their last known address. A copy was also emailed to the First Respondent. [33] On 24 October 2023, the Tribunal confirmed that no application to review the decision had been filed. [34] On 27 October 2023, the Applicant paid the sum of $18,200.00 to Brandon Smillie from the Fund in accordance with the decision. [35] A copy of the notice of decision and Information Notice for Claim Fund decision 0030493 was provided to the Tribunal. Claim Fund decision 0030493 [36] On 7 November 2023, the Applicant decided a claim against the Fund lodged by Martin William Askew against the Respondents. [37] On 8 November 2023, the Applicant sent the Respondents written notice of the decision in the form of a letter enclosing a copy of the Information Notice. The Information Notice: (a) ordered that $370.00 be paid to Martin William Askew at the expiration of the review period; and (b) named the Respondents as the parties jointly and severally liable for Martin William Askew’s financial loss and as liable to reimburse the Fund in the amount of $370.00. [38] The notice of decision and Information Notice were sent to the First Respondent via their last known address. A copy was also emailed to the First Respondent. [39] The notice of decision and Information Notice were sent to the Second Respondent via their last known address. A copy was also emailed to the Second Respondent. [40] On 12 December 2023, the Tribunal confirmed that no application to review the decision had been filed. [41] On 20 December 2023, the Applicant paid the sum of $370.00 to Martin William Askew from the Fund in accordance with the decision. [42] A copy of the notice of decision and Information Notice for Claim Fund decision 0030519 was provided to the Tribunal. -- 5 of 6 -- 6 Liability to Reimburse the Fund [43] The Applicant correctly submits that pursuant to ss 116 and 117 of AFAA, the Applicant is authorised to recover amounts paid from the Fund in the above- mentioned six decisions from the Respondents. [44] On 17 January 2024, the Applicant sent a demand for payment by prepaid ordinary post to the First Respondent requiring them to reimburse the Fund in the amount of forty-five thousand, two hundred and eighty-three dollars and twenty-five cents ($45,283.25). This demand was posted as a letter to the First Respondent’s last known addresses, and also emailed to the First Respondent. The Tribunal has been provided with a copy of this correspondence. [45] On the same date, the Applicant sent a demand for payment by prepaid ordinary post to the Second Respondent requiring them to reimburse the Fund in the amount of twenty-five thousand, three hundred and seventy dollars and zero cents ($25,370.00). This demand was posted as a letter to the Second Respondent’s last known addresses. Again, a copy of this correspondence has been provided to the Tribunal. [46] The Applicant submits that, to date, the Applicant has received no payments from the Respondents, and the sum of $45,283.25 remains outstanding and owing to the Fund. [47] The Respondents have not engaged with the Tribunal’s processes, and have not complied with the directions issued on 12 January 2026 by Member Lambie. [48] This Tribunal will order that the Respondents reimburse the Fund the various sums set out in the various letters of demand. Orders of the Tribunal [49] The Tribunal orders that: 1. The First Respondent is, pursuant to ss 117 and 119 of the Agents Financial Administration Act 2014 (Qld), liable to reimburse the Claim Fund, and is ordered to pay to the Applicant the sum of $45,283.25 within 21 days of the date of this order. 2. The First Respondent and the Second Respondent are, pursuant to ss 117 and 119 of the Agents Financial Administration Act 2014 (Qld), jointly and severally liable to reimburse the Claim Fund, and is ordered to pay to the Applicant the sum of $25,370.00 within 21 days of the date of this order. -- 6 of 6 --