Department of Employment, Economic Development & Innovation v Morgan [2011] QCAT 683

CITATION: Department of Employment, Economic Development & Innovation v Morgan [2011] QCAT 683 PARTIES: Department of Employment, Economic Development & Innovation v Rhys Whitmore Morgan APPLICATION NUMBER: OCL080-11 MATTER TYPE: Other civil dispute matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Member DELIVERED ON: 12 October 2011 DELIVERED AT: Brisbane ORDERS MADE: 1. Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Mr Morgan is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $8,000 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] Mr Morgan sold a car to Mr Johnson for $8,000. Mr Johnson paid Mr Morgan in cash instalments, receiving receipts on each occasion. Later, when Mr Johnson tried to sell the car, he found out that he did not own it. He applied for reimbursement from the claim fund of the amount he had paid Mr Morgan. The Chief Executive allowed Mr Johnson’s claim and has now filed an application for an order that Mr Morgan reimburse the statutory claim fund $8,000 paid to Mr Johnson on 28 July 2009. -- 1 of 2 -- 2 [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, Mr Morgan is liable to reimburse the fund in the amount of $8,000. c) Mr Morgan was given an information notice under section 482 of the Property Agents and Motor Dealers Act 2000. d) Mr Morgan did not apply under section 483 of PAMDA to have the decision reviewed. e) A letter of demand was sent to Mr Morgan under s 490(4). f) Mr Morgan has not paid the stated amount within the time allowed under the letter of demand. [3] The Chief Executive made a decision on 29 May 2009, allowing the claim of $8,000. [4] The Chief Executive’s decision included a finding that, because he failed to pass clear title to the car, Mr Morgan caused the loss and was liable to reimburse the fund. [5] The Chief Executive sent a copy of the decision to Mr Morgan. The decision included a notice that complied with s 482 of PAMDA. [6] Mr Morgan has not applied to review the Chief Executive’s decision. [7] The Chief Executive sent a letter of demand on 13 January 2010, calling for payment of $8,000 within 28 days of receipt of the letter. [8] Mr Skinner, of the Department, swore an affidavit on 31 May 2011, stating that the Chief Executive has received nothing from Mr Morgan. [9] By notice dated 19 August 2011, the tribunal sent Mr Morgan 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 Morgan by 6 September 2011. [10] Mr Morgan 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. [11] Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Mr Morgan is liable to reimburse, and is ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $8,000 within 21 days of the date of this order. -- 2 of 2 --