Chief Executive, Office of Fair Trading, Department of Justice and Attorney General v Forrest and Anor [2012] QCAT 94

CITATION: Chief Executive, Office of Fair Trading, Department of Justice and Attorney General v Forrest and Anor [2012] QCAT 94 PARTIES: Chief Executive, Office of Fair Trading, Department of Justice and Attorney General v Ms Michele Ann Forrest Mr Christopher Arthur Forrest APPLICATION NUMBER: OCR272-11 MATTER TYPE: Occupational regulation matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Senior Member DELIVERED ON: 8 March 2012 DELIVERED AT: Brisbane ORDERS MADE: 1. Pursuant to section 527 of the Property Agents and Motor Dealers Act 2000 Mr and Ms Forrest are liable to reimburse, and are ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $40,245.15, within 21 days of the date of this order. CATCHWORDS: LETTING AGENT – REIMBURSEMENT OF THE FUND – where claims against the fund for holiday rental received but not passed on – where Chief Executive paid the claims – where demand to responsible persons – where no response Property Agents and Motor Dealers Act 2000, s 527 APPEARANCES and REPRESENTATION (if any): -- 1 of 3 -- 2 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] C&M Forrest Pty Ltd was appointed to act as the agent and manager for a number of holiday units in Sandcastles Mooloolaba. Mr and Mrs Forrest were executive officers of the company. The company held a Resident Letting Agent Corporation Licence, Mr Forrest held a Resident Letting Agent Principal Licence and Mrs Forrest held a Resident Letting Agent Employee Licence. [2] Between January 2009 and September 2009 the company collected rent from a number of holiday renters but failed to pass the rents on to the owners of the units. The owners lodged claims against the statutory fund and, in each case, the Chief Executive paid the claims. The company, Mr and Mrs Forrest were all named as responsible persons, jointly and severally liable to reimburse the fund. [3] The Chief Executive made demand for reimbursement of the fund by letters dated 9 June, 10 June, 25 August, 30 August, 6 September and 29 September 2010, copies of which have been provided to the tribunal. Mr and Mrs Forrest have not responded to those letters. [4] Section 572 of the Property Agents and Motor Dealers Act 2000 allows the Chief Executive to apply to the tribunal for an order that Mr and Mrs Forrest reimburse the fund. I am satisfied that, in each case, the Chief Executive has provided the documents required by s 527(3). [5] Mr and Mrs Forrest were given notice of the Chief Executive’s application by notice from the tribunal dated 16 January 2012. Neither party has filed any material in response to the application. [6] I am therefore satisfied that Mr and Mrs Forrest are liable to reimburse the fund in the amount of $40,245.15 calculated as follows: Claimant Date Amount Michael Ballantyne 06.08.10 $2,322.88 Danusia White 06.08.10 3,790.46 Robert and Deborah Wiens 06.08.10 3,816.32 Marie Kirkman 06.08.10 1,117.05 Robert Anderson 06.08.10 1,473.07 Rodney Williams 06.08.10 1,254.34 Wayne Maurer 06.08.10 1,217.07 Robert and Karen McLoughlin 06.08.10 2,475.02 Lawrence Rieck 06.08.10 1,322.45 Leonard and Suzanne Wallis 06.08.10 2,581.10 Henry Muller 06.08.10 737.41 Lake Milang Pty Ltd 06.08.10 1,885.88 Lake Milang Pty Ltd 06.08.10 2,730.26 Bernie Conlan 06.08.10 3,407.06 Kenneth and Patrice Hayward 31.08.10 2,299.47 Joseph Abush 28.10.10 1,755.08 Stephen Blair 28.10.10 2,282.24 -- 2 of 3 -- 3 Michael & Associates Superannuation Fund 28.10.10 296.02 Joan Mitchell 12.11.10 2,848.53 Ross Anderson 24.11.10 325.92 Anne Powell 24.11.10 307.52 $40,245.15 [7] I direct that, pursuant to section 527 of the Property Agents and Motor Dealers Act 2000, Mr and Mrs Forrest are liable to reimburse, and are ordered to pay to, the Claim Fund established under section 408 of the Act the sum of $40,245.15 within 21 days of the date of this order. -- 3 of 3 --