Department of Employment, Economic Development & Innovation v Barkhuysen [2011] QCAT 502

CITATION: Department of Employment, Economic Development & Innovation v Barkhuysen [2011] QCAT 502 PARTIES: Department of Employment, Economic Development & Innovation v Ms Karen Barkhuysen APPLICATION NUMBER: OCL078-11 MATTER TYPE: Other civil dispute matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Member DELIVERED ON: 21 October 2011 DELIVERED AT: Brisbane ORDERS MADE: 1. Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Ms Barkhuysen is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $1,401.85 within 21 days of the date of this order. CATCHWORDS: REAL ESTATE AGENT – 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] Ms Barkhuysen was the managing agent for a residential property owned by Mr Wijeyesinghe. In December 2007, Ms Barkhuysen rented the property to tenants at a weekly rental of $330 but she told Mr Wijeyesinghe that the weekly rental was $310. Ms Barkhuysen received a rental bond of $1,320 but only paid $120 with the Residential Tenancies Authority. Mr Wijeyesinghe made a claim on the statutory claim fund. The Department -- 1 of 2 -- 2 allowed the claim and paid out $1,401.85. It now claims reimbursement of the fund from Ms Barkhuysen. [2] 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, Ms Barkhuysen is liable to reimburse the fund in the amount of $1,401.85. c) Ms Barkhuysen was given an information notice under section 482 of the Property Agents and Motor Dealers Act 2000. d) Ms Barkhuysen did not apply under section 483 of PAMDA to have the decision reviewed. e) A letter of demand was sent to Ms Barkhuysen under s 490(4). f) Ms Barkhuysen has not paid the stated amount within the time allowed under the letter of demand. [3] The Chief Executive made a decision on 20 January 2010, allowing the claim of $1,401.85. [4] The Chief Executive’s decision included a finding that Ms Barkhuysen caused the loss and was liable to reimburse the fund. [5] The Chief Executive sent a copy of the decision to Ms Barkhuysen. The decision included a notice that purported to comply with s 482 of PAMDA. I note that the notice identified Ms Barkhuysen as “Karen Barkheysen”. I do not consider this error to be material as it is obvious to whom the Department was referring. [6] Ms Barkhuysen has not applied to review the Chief Executive’s decision. [7] The Chief Executive sent a letter of demand on 1 June 2010, calling for payment of $1,401.85 within 28 days of receipt of the letter. [8] Luke Skinner, of the Department, swore an affidavit on 31 May 2011, stating that the Chief Executive has received nothing from Ms Barkhuysen. [9] By notice dated 19 August 2011, the tribunal sent Ms Barkhuysen 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 Ms Barkhuysen by 6 September 2011. [10] Ms Barkhuysen did not file any submissions by 6 September 2011. The tribunal sent a reminder letter on 12 October 2011. The tribunal has not received a response. [11] Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Ms Barkhuysen is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $1,401.85 within 21 days of the date of this order. -- 2 of 2 --