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Queensland Judgments
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  • Unreported Judgment

The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Humphreys

 

[2020] QCAT 22

 

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

 

CITATION:

The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Humphreys [2020] QCAT 22

PARTIES:

The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General

 

(applicant)

 

v

 

Anita Margaret Humphreys

 

(respondent)

APPLICATION NO/S:

OCL024–19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

22 January 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Anita Margaret Humphreys is, pursuant to s 119 of the Agents Financial Administration Act 2014 (Qld), liable to reimburse and is ordered to pay to the claim fund established under s 78 of the Agents Financial Administration Act 2014 (Qld) the sum of $268,275.34 within 28 days of the date of this order.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – claim fund – reimbursement order –  whether reimbursement order should be made – where real estate agent mishandled clients monies and accounts – where monies paid from the claim fund in satisfaction of 63 claims –  where receiver appointed – where the costs of the receiver paid out of the claim fund

Agents Financial Administration Act 2014 (Qld), s 64(1)(b), s 102, s 116, s 117, s 119

REPRESENTATION:

 

Applicant:

Self-represented by S Monfries

Respondent:

Self-represted

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

  1. [1]
    On 11 October 2017 the Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General (‘Chief Executive’) appointed receivers over the trust property of Terreno Management Pty Ltd (‘the company’), which company and its sole director and secretary, Anita Margaret Humphreys, traded as real estate agents. The company and Ms Humphreys mishandled clients’ monies and accounts.
  2. [2]
    The company was deregistered on 15 March 2019.
  3. [3]
    Over the period 15 June 2018 to 16 July 2018 the Chief Executive determined 63 claims lodged against the claim fund (‘the Fund’) were claims which should be allowed and paid from the Fund.
  4. [4]
    The Chief Executive named the company and Ms Humphreys responsible and liable to reimburse the Fund for each claimant’s financial loss pursuant to s 102(3)(b) of the Agents Financial Administration Act 2014 (Qld) (‘the Act’).
  5. [5]
    By s 116 of the Act Ms Humphreys as executive officer of the company was liable to reimburse the Fund for any amount paid out in respect of claims against the Fund.
  6. [6]
    In respect of each claimant’s financial loss and payment from the Fund to satisfy each claim, the Chief Executive has given an information notice pursuant to s 102 of the Act to Ms Humphreys together with a letter of demand pursuant to s 116(6) requiring payment by her of each claim amount within 28 days of receipt of the demand. The demand was made on 23 October 2018. The 63 claims total $158,232.06.
  7. [7]
    The Chief Executive paid the receiver, appointed 11 October 2017, remuneration and costs of administering the company’s trust account in the sum of $150,761.22.
  8. [8]
    The letter of demand also required payment of the remuneration and costs of the receiver in that sum.
  9. [9]
    By s 64(1)(b) of the Act, an executive officer of a corporation to which a receiver is appointed pursuant to the Act is liable to reimburse the Chief Executive for monies paid the receiver for its remuneration and costs.
  10. [10]
    Ms Humphreys has not paid any of the amounts demanded of her within the required period of 28 days.
  11. [11]
    Between 9 August 2018 and 12 September 2018, the review period specified in s 112 of the Act for review of the chief executive’s decision naming her responsible to reimburse the fund expired. Ms Humphreys made no application for review within the review period.
  12. [12]
    An amount of $40,717.94, the balance monies held in the company’s trust account, has been paid out in reduction of the debt due the Chief Executive leaving a balance paid out by the Chief Executive from the Fund of $268,275.34.
  13. [13]
    The Chief Executive has made the within application for an order pursuant to s 117 of the Act that Ms Humphreys reimburse the Fund that amount.
  14. [14]
    The Chief Executive, by an officer of the Department, has filed a statutory declaration[1] attesting to the payment out by the Chief Executive of $308,993.28, the amount recovered from the trust account in part reduction of that sum $40,717.94 and the unpaid balance due and claimed from Ms Humphreys of $268,275.34.
  15. [15]
    I am satisfied:
    1. (a)
      The prescribed requirements entitling the Chief Executive to recover that sum from Ms Humphreys have been attended to;
    2. (b)
      Ms Humphreys did not apply to the Tribunal pursuant to s 103 to have the decision of the Chief Executive naming her responsible to reimburse the Fund for monies paid to claimants reviewed;
    3. (c)
      Ms Humphreys has been served with a copy of the within application to the tribunal;
    4. (d)
      Ms Humphreys has not paid any of the amounts owing and she is liable in the sum of $268,275.34 to the Chief Executive
  16. [16]
    By s 119(2) I must therefore make a reimbursement order.
  17. [17]
    I make the reimbursement order for the amount sought in the application and set 28 days as the period for payment.
  18. [18]
    I order that the respondent Anita Margaret Humphreys is, pursuant to s 119 of the Act, liable to reimburse and is ordered to pay to the claim fund established under s 78 of the Act the sum of $268,275.34 within 28 days of the date of order.

Footnotes

[1]Statutory Declaration of Nicholas Pirie, sworn 1 April 2019.

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Editorial Notes

  • Published Case Name:

    The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Humphreys

  • Shortened Case Name:

    The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Humphreys

  • MNC:

    [2020] QCAT 22

  • Court:

    QCAT

  • Judge(s):

    Member Howe

  • Date:

    22 Jan 2020

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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