Chief Executive, Office of Fair Trading, Department of Justice v Cole & Ors [2026] QCAT 159

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: Chief Executive, Office of Fair Trading, Department of Justice v Cole & Ors [2026] QCAT 159 PARTIES: CHIEF EXECUTIVE, OFFICE OF FAIR TRADING, DEPARTMENT OF JUSTICE (Applicant) v ANDREW DANTE COLE (ALSO KNOWN AS DANTE JAMES CAMERON) (First Respondent) ELIJAH WILSON COLE (ALSO KNOWN AS WILSON McLEAN GREGORY) (Second Respondent) ZACHARY WOLF BROCK COLE (ALSO KNOWN AS WOLF BROCK CAMERON) (Third Respondent) KIMBERLEY TINA CAROLYN HOLLAND (ALSO KNOWN AS KIMBERLEY TINA DEANS) (Fourth Respondent) APPLICATION NO/S: OCL087-25 MATTER TYPE: General administrative review matters DELIVERED ON: 30 March 2026 HEARD AT: Brisbane DECISION OF: Dr R W Haddrick, 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 $80,547.00 within 21 days of the date of this order. The Second 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 $11,289.37 within 21 days of the date of this order. The First and Second Respondents 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 are ordered -- 1 of 7 -- 2 to pay to the Applicant the sum of $10,075.00 within 21 days of the date of this order. The First and Third Respondents 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 are ordered to pay to the Applicant the sum of $11,220.00 within 21 days of the date of this order. The First, Second and Third Respondents 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 are ordered to pay to the Applicant the sum of $9,306.08 within 21 days of the date of this order. The First and Fourth Respondents 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 are ordered to pay to the Applicant the sum of $44,356.08 within 21 days of the date of this order. CATCHWORDS: REIMBURSMENT 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 101, s 102, s 103, s 116, s 117, s 118, s 119 Property Occupations Act 2014 (Qld), s 207, s 208, s 209 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 33, s 157 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 certain persons reimburse the Claim Fund (the “Fund”) for payments made by the Applicant to certain Claimants. -- 2 of 7 -- 3 Authority to make an application [2] Section 117 of the AFAA provides that the Chief Executive (again, the Applicant) may apply to this Tribunal for an order that Respondents reimburse the Fund1 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 .2 Claims made against the Fund [3] Between May 2021 and January 2022, the Applicant decided 18 claims against the Fund involving the Respondents (the “Decisions”). In each of the Decisions the Applicant: (a) ordered an amount (individual to each claim) be paid to each Claimant at the expiration of the review period;3 (b) named all, some of, or one of 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 liable, the liable parties were named jointly and severally liable.4 [4] Filed with the application and marked “OFT-1” was a paginated bundle of documents (the “Bundle”) relevant to the application. The Bundle included copies of the Decisions allowed against the Fund (by the Applicant). The Respondents’ legal names [5] Interestingly, the Applicant has adduced evidence that shows that database searches available to the Applicant reveal each respondent changed their legal name after the Decisions were made in respect of them under the AFAA. The Applicant adduced copies of entity records obtained from the Queensland Government’s Department of Transport and Main Roads (“TMR”) which detailed the name changes. That information was found on pages 197 to 210 of the Bundle. [6] The evidence before the Tribunal demonstrates that each of the Respondents has changed their name as follows: Party Name - as per decision New name First Respondent Dante James Cameron Andrew Dante Cole Second Respondent Wilson McLean Gregory Elijah Wilson Cole Third Respondent Wolf Brock Cameron Zachary Wolf Brock Cole Fourth Respondent Kimberley Tina Deans Kimberley Tina 1 Established under AFAA s 78(1). 2 In accordance with s 116(6) of AFAA. 3 Defined in ss 101, 102, 103 of AFAA, and the Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 33. 4 Pursuant to s 116 of AFAA. -- 3 of 7 -- 4 Carolyn Holland [7] The Tribunal is satisfied that each of the parties described in the first column above originally went by the name in the second column, but now, for one reason or another, goes by the name identified in the third column. Claims made against the Fund [8] The table below (the “Claims Table”) is a schedule of the Decisions taken by the Applicant, and their details relevant to this application. The “reference” is a reference to the Applicant’s claims process. The “Claimant” is the individual who applied to the Applicant for a disbursement in their favour. The “date” is the date upon which the decision to make the disbursement was made. The “Amount” is the sum paid from the Fund to the Claimant by the Applicant (representing the Claimant’s financial loss).5 And the “Liable Respondent/s” is the party that has wronged the Claimant, within the meaning of ss 207, 208 or 209 of the Property Occupations Act 2014 (Qld), for either misleading conduct, unconscionable conduct, or making false representations (other than misleading conduct) relating to residential property. Reference Claimant Date Amount Liable Respondent/s 0025108 Arielle Joy Saddington 17/05/2021 $6,395.60 First Respondent 0025128 Amar Pandher 9/06/2021 $11,775.00 First Respondent 0025095 David Portelli 9/07/2021 $14,000.00 First Respondent 0025125 Richard Ryman 9/07/2021 $8,067.70 First Respondent 0025214 Mohammed Zahed 9/06/2021 $6,775.00 First Respondent 0025230 Caroline Kizmann 15/07/2021 $8,633.70 First Respondent 0025153 Mohammed Khan 14/07/2021 $9,000.00 First Respondent 0025134 Margaret & Roy Ayris 2/08/2021 $500.00 First Respondent 0025258 Natalie Nee 20/08/2021 $13,400.00 First Respondent 0025929 Michelle-Anna & Christopher Williams 27/01/2022 $2,000.00 First Respondent 0026737 Sasha Naude 19/10/2021 $11,289.37 Second Respondent 0025156 Aaron Greentree 9/06/2021 $10,075.00 First and Second Respondents 0025167 Stephanie Ottaway 6/10/2021 $5,500.00 First and Third Respondents 0025454 Patricia O’Bryan 2/08/2021 $5,720.00 First and Third Respondents 0025941 Alison Gustavson 6/10/2021 $9,306.08 First, Second and Third 5 Pursuant to AFAA s 100(5)(b). -- 4 of 7 -- 5 Respondents 0025182 Khaled Jamal 20/08/2021 $25,000.00 First and Fourth Respondents 0025684 Paul Scanlan 20/08/2021 $11,230.00 First and Fourth Respondents 0025215 Jing Kong 7/10/2021 $8,126.08 First and Fourth Respondents [9] The Tribunal has been provided with evidence that each of the Respondents were given an information notice for each of the Decisions in which they were named.6 The Tribunal is informed that no reviews were filed in the Tribunal by any of the Respondents in relation to any of the Decisions.7 Therefore, each of these payments from the Fund have not been challenged by each of the relevant Respondents. [10] The Applicant has paid the Claimants (as per the Claims Table) the sum total of one hundred and sixty-six thousand, seven hundred and ninety-three dollars and fifty- three cents ($166,793.53) from the Fund in accordance with the Decisions. [11] As the Applicant correctly submits to this Tribunal, the Decisions now bind the Respondents, and they may not now challenge their correctness, or the amount payable,8 except perhaps for jurisdictional error; but no such error has been alleged. The Respondents’ liability to reimburse the funds [12] Pursuant to s 116 of AFAA, the Applicant is authorised to recover the total sum of $166,793.53. The Applicant itemised the individual debt per respondent as follows: (a) the First Respondent is individually liable for the sum of $80,547.00; (b) the Second Respondent is individually liable for the sum of $11,289.37; (c) the First and Second Respondents are jointly and severally liable for the sum of $10,075.00; (d) the First and Third Respondents are jointly and severally liable for the sum of $11,220.00; (e) the First, Second and Third Respondents are jointly and severally liable for the sum of $9,306.08; and (f) the First and Fourth Respondents are jointly and severally liable for the sum of $44,356.08. [13] In respect of the Fourth Respondent, the Tribunal is told that: (a) on 19 May 2023, the Applicant sent the Fourth Respondent a demand (“the Fourth Respondent’s Demand”) to reimburse the Fund for the amount paid in accordance with the Decisions; and 6 In compliance with s 102 of AFAA and s 157 of the Queensland Civil and Administrative Tribunal Act 2009 (Old). 7 Pursuant to s 103 of AFAA. 8 Pursuant to ss 101 and 102 of AFAA. -- 5 of 7 -- 6 (b) the Fourth Respondent’s Demand was sent to the Fourth Respondent by email only, addressed to the Fourth Respondent’s last known email address. This email address was known to the Applicant as an active and current address for the Fourth Respondent as the Fourth Respondent initiated contact with the Applicant using this email address on 17 May 2023. A copy of the Fourth Respondent’s Demand was provided to the Tribunal in the Bundle. [14] In respect of the First Respondent, the Tribunal is told that: (a) on 10 January 2024, the Applicant sent the First Respondent a demand (“the First Respondent’s Demand”) to reimburse the Fund for the amount paid in accordance with the Decisions; and (b) the First Respondent’s Demand was sent enclosed in a prepaid ordinary post envelope, addressed to the First Respondent’s last known residential address. A copy was also sent via email to the First Respondent’s last known email address. A copy of the First Respondent’s Demand was provided to the Tribunal in the Bundle. [15] In respect of the Second Respondent, the Tribunal is told that: (a) on 10 January 2024, the Applicant sent the Second Respondent a demand (“the Second Respondent’s Demand”) to reimburse the Fund for the amount paid in accordance with the Decisions; and (b) the Second Respondent’s Demand was sent enclosed in a prepaid ordinary post envelope, addressed to the Second Respondent’s last known address. A copy was sent via email to the Second Respondent’s last known email address. A copy of the Second Respondent’s Demand was provided to the Tribunal in the Bundle. [16] In respect of the Third Respondent, the Tribunal is told that: (a) on 24 March 2024, the Applicant sent the Third Respondent a demand (“the Third Respondent’s Demand”) to reimburse the Fund for the amount paid from the Decisions; and (b) the Third Respondent’s Demand was sent to the Third Respondent by email only, addressed to the Third Respondent’s last known email address. This email address was known to the Applicant as an active and current address for the Third Respondent, as it was provided to the Applicant by the Third Respondent in a telephone conversation on 24 March 2024. A copy of the Third Respondent’s Demand was provided to the Tribunal in the Bundle. [17] The Tribunal is satisfied (as it is required to be under s 116(6) of the AFAA) that in respect of each of the Decisions, a letter of demand has been given to each of the debtors, requiring them to pay the amount payable within 28 days of receiving each letter of demand. [18] The Tribunal has been informed by the Applicant that, to date, the Applicant has received no payments from the First, Second, Third or Fourth Respondents, and the total debt of $166,793.53 (from the four respondents) remains outstanding. [19] Pursuant to ss 116 and 117 of the AFAA, the Respondents are liable to reimburse the Fund for the sums paid out from the Fund to the various Claimants. This Tribunal will -- 6 of 7 -- 7 order that the Respondents reimburse the Fund the various sums set out in the various letters of demand. Orders of the Tribunal [20] 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 $80,547.00 within 21 days of the date of this order. 2. The Second 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 $11,289.37 within 21 days of the date of this order. 3. The First and Second Respondents 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 are ordered to pay to the Applicant the sum of $10,075.00 within 21 days of the date of this order. 4. The First and Third Respondents 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 are ordered to pay to the Applicant the sum of $11,220.00 within 21 days of the date of this order. 5. The First, Second and Third Respondents 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 are ordered to pay to the Applicant the sum of $9,306.08 within 21 days of the date of this order. 6. The First and Fourth Respondents 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 are ordered to pay to the Applicant the sum of $44,356.08 within 21 days of the date of this order. -- 7 of 7 --