Department of Employment, Economic Development & Innovation v Deborah Ann Petty [2011] QCAT 493

CITATION: Department of Employment, Economic Development & Innovation v Petty [2011] QCAT 493 PARTIES: Department of Employment, Economic Development & Innovation v Deborah Ann Petty APPLICATION NUMBER: OCL077-11 MATTER TYPE: Other civil dispute matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Member DELIVERED ON: 18 October 2011 DELIVERED AT: Brisbane ORDERS MADE: 1. Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Deborah Ann Petty is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $5,000 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] Mr Lewis had a long and convoluted history of dealings with Axis Australasia Pty Ltd, trading as Locations Realty, which started when he signed a contract for the purchase of a property through that agency in 2004. Ms Petty was a director of Locations Realty. [2] Starting with the deposit on the 2004 contract, Mr Lewis made a series of payments into the agency’s trust account. On 16 November 2006, the Commercial and Consumer Tribunal found that Mr Lewis’ claim against the -- 1 of 2 -- 2 agency was $5,000. Mr Lewis applied for reimbursement of that amount from the claim fund. The Chief Executive allowed his claim and has now filed an application for an order that Ms Petty reimburse the statutory claim fund $5,000 paid to Mr Lewis on 30 April 2008. [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, Ms Petty is liable to reimburse the fund in the amount of $5,000. c) Ms Petty was given an information notice under section 482 of the Property Agents and Motor Dealers Act 2000. d) Ms Petty did not apply under section 483 of PAMDA to have the decision reviewed. e) A letter of demand was sent to Ms Petty under s 490(4). f) Ms Petty has not paid the stated amount within the time allowed under the letter of demand. [4] The Chief Executive made a decision on 30 April 2008, allowing the claim of $5,000. [5] The Chief Executive’s decision included a finding that Ms Petty caused the loss and was liable to reimburse the fund. [6] The Chief Executive sent a copy of the decision to Ms Petty. The decision included a notice that complied with s 482 of PAMDA. [7] Ms Petty has not applied to review the Chief Executive’s decision. [8] The Chief Executive sent a letter of demand on 29 October 2009, calling for payment of $5,000 within 28 days of receipt of the letter. [9] Luke Skinner, of the Department, swore an affidavit on 31 May 2011, stating that the Chief Executive has received nothing from Ms Petty. [10] By notice dated 19 August 2011, the tribunal sent Ms Petty 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 Petty by 6 September 2011. [11] Ms Petty 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 Ms Petty is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $5,000 within 21 days of the date of this order. -- 2 of 2 --