Department of Employment, Economic Development & Innovation v Beckensall [2011] QCAT 690

CITATION: Department of Employment, Economic Development & Innovation v Beckensall [2011] QCAT 690 PARTIES: Department of Employment, Economic Development & Innovation v Mr Craig Beckensall APPLICATION NUMBER: OCL079-11 MATTER TYPE: Other civil dispute matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Member DELIVERED ON: 31 October 2011 DELIVERED AT: Brisbane ORDERS MADE: 1. Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Mr Beckensall is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $7,187.45 within 21 days of the date of this order. CATCHWORDS: MOTOR DEALERS – application for reimbursement of the fund APPEARANCES and REPRESENTATION (if any): This matter was heard on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009. REASONS FOR DECISION [1] There are a number of claims against the statutory fund that relate to the conduct of Mr Beckensall. In each case, the claimants owned a unit managed by Mr Beckensall, who collected rent on their behalf but did not remit it to their accounts. A summary of the claims is as follows: -- 1 of 3 -- 2 Claimant Amount Serena Brown & John Wordsworth $2,364.37 Mark Steel 2,604.00 Judith Gill 7,248.42 Total $12,216.79 [2] The Chief Executive has allowed these claims and has filed an application for an order that Mr Beckensall reimburse the statutory claim fund in respect to each claim. [3] The tribunal will make a reimbursement order if it is satisfied that: a) The Chief Executive has made a decision in relation to a claim against the fund. b) Under the Chief Executive’s decision, Mr Beckensall is liable to reimburse the fund in a specified amount. c) Mr Beckensall was given an information notice under section 482 of the Property Agents and Motor Dealers Act 2000. d) Mr Beckensall did not apply under section 483 of PAMDA to have the decision reviewed. e) A letter of demand was sent to Mr Beckensall under s 490(4). f) Mr Beckensall has not paid the stated amount within the time allowed under the letter of demand. [4] The Chief Executive made decisions allowing the claims as follows: Claimant Date Amount Serena Brown & John Wordsworth 20.11.2009 $2,364.37 Mark Steel 20.11.2009 2,604.00 Judith Gill 14.04.2010 7,248.42 $12,216.79 [5] In each case, the Chief Executive’s decision included a finding that Mr Beckensall caused the claimants’ loss and he was liable to reimburse the fund. However, in Mrs Gill’s case, the Chief Executive determined that Mr Beckensall was liable to Mrs Gill only to the extent of $2,219.08. [6] The Chief Executive sent copies of the decisions to Mr Beckensall. Each decision included a notice that complied with s 482 of PAMDA. [7] Mr Beckensall has not applied to review the Chief Executive’s decision. [8] The Chief Executive sent a letters of demand on 28 September 2010, calling for payment of the total amount of $7,187.45 within 28 days of receipt of the letters. [9] Luke Skinner, of the Department, swore an affidavit on 31 May 2011, stating that the Chief Executive has received nothing from Mr Beckensall. [10] By notice dated 19 August 2011, the tribunal sent Mr Beckensall a copy of the Chief Executive’s application, together with information about the tribunal’s ability to make an order. The tribunal called for submissions from Mr Beckensall by 6 September 2011. -- 2 of 3 -- 3 [11] Mr Beckensall did not file any submissions by 6 September 2011. The tribunal sent a reminder letter on 4 October 2011. The tribunal has not received a response. [12] Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Mr Beckensall is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $ 7,187.45 within 21 days of the date of this order. -- 3 of 3 --