Chief Executive, Office of Fair Trading, Department of Justice and Attorney General v Grimsey and Anor [2012] QCAT 677

CITATION: Chief Executive, Office of Fair Trading, Department of Justice and Attorney General v Grimsey and Anor [2012] QCAT 677 PARTIES: Chief Executive, Office of Fair Trading, Department of Justice and Attorney General v Graeme William Grimsey Damien Stein Grimsey APPLICATION NUMBER: OCR299-12 MATTER TYPE: Occupational regulation matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Senior Member DELIVERED ON: 19 December 2012 DELIVERED AT: Brisbane ORDERS MADE: 1. Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000, Graeme William Grimsey and Damien Stein Grimsey are liable to reimburse, and are ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $56,360.18 within 21 days of the date of this order. CATCHWORDS: PROPERTY AGENT – reimbursement of the fund – where claims against the fund – where respondents named as responsible persons – where shortfall on recovery Property Agents and Motor Dealers Act 2000, s 572 APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009. -- 1 of 2 -- 2 REASONS FOR DECISION [1] Mr Graeme Grimsey was a director of Yesmirg Pty Ltd, which traded as State Invest Property Services. He was also a licensed real estate agent. Mr Damien Grimsey acted as a licensee, signing letters for State Invest Property Services, managing the rental operations and operating the trust account. Mr Damien Grimsey was not, in fact, licensed. He was not a director of Yesmirg. [2] The Chief Executive received 121 claims against the statutory fund for loss of rent on properties managed by State Invest Property Services. The total of the claims was $291,542.59. [3] The Chief Executive paid the claims. Both Messrs Grimsey were named as responsible persons, jointly and severally liable to reimburse the fund. [4] The Chief Executive was able to recover some money through the balance of Yesmirg’s trust account but $56,360.18 has not been recovered. [5] The Chief Executive made demand for reimbursement of the fund by letters dated 28 March 2012, copies of which have been provided to the tribunal. Neither gentleman has responded to those letters. [6] Section 527 of the Property Agents and Motor Dealers Act 2000 allows the Chief Executive to apply to the tribunal for an order that Messrs Grimsey reimburse the fund. I am satisfied that, in each case, the Chief Executive has provided the documents required by s 527(3). [7] Both gentlemen were given notice of the Chief Executive’s application by notice from the tribunal dated 22 October 2012. Neither party has filed any material in response to the application. [8] I am therefore satisfied that Graeme William Grimsey and Damien Stein Grimsey are liable to reimburse the fund in the amount of $56,360.18 calculated in accordance with the schedule provided by the Chief Executive. [9] I direct that, pursuant to section 527 of the Property Agents and Motor Dealers Act 2000, Graeme William Grimsey and Damien Stein Grimsey are liable to reimburse, and are ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $56,360.18 within 21 days of the date of this order. -- 2 of 2 --