Turpin v Dealer Network Queensland Pty Ltd
[2015] QCAT 207
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- Unreported Judgment
- Turpin v Dealer Network Queensland Pty Ltd[2015] QCAT 207
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Turpin v Dealer Network Queensland Pty Ltd[2015] QCAT 207
Turpin v Dealer Network Queensland Pty Ltd[2015] QCAT 207
CITATION: | Turpin v Dealer Network Queensland Pty Ltd and Anor [2015] QCAT 207 |
PARTIES: | Richard Turpin (Applicant) v Dealer Network Queensland Pty Ltd Barry Joseph Forbes (Respondents) |
APPLICATION NUMBER: | OCL074-14 |
MATTER TYPE: | Other civil dispute matters |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member Hughes |
DELIVERED ON: | 9 June 2015 |
DELIVERED AT: | Brisbane |
ORDERS MADE: |
|
CATCHWORDS: | CLAIM FUND – MOTOR DEALER – where vehicle sold on consignment – where dealer failed to remit sale proceeds – where evidence undisputed –where financial loss was net proceeds of sale – where first respondent was dealer who failed to remit sale proceeds and was therefore person liable for loss – where second respondent was authorised officer of first respondent and therefore also person liable for loss Agents Financial Administration Act 2014 (Qld) ss 82, 105, 106, 112, 116 Dowson v. Mata & Sons Pty Ltd & Anor [2013] QCAT 67 Smart v. Sunshine CCC Pty Ltd (Deregistered) & Ors [2014] QCAT 491 |
APPEARANCES and REPRESENTATION (if any):
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
What is this Application about?
- [1]Richard Turpin Clinton claims that Dealer Network Queensland Pty Ltd sold his 1998 Toyota Landcruiser on consignment, but failed to pay him the $13,769.04 net proceeds of sale.
- [2]He is therefore claiming $13,769.04 against the Claim Fund under the Agents Financial Administration Act 2014 (Qld).
- [3]In deciding Mr Turpin’s claim, I must determine whether he suffered ‘financial loss’ because of an ‘event’.[1]
What is the ‘event’?
- [4]The undisputed evidence is that Dealer sold Mr Turpin’s vehicle on consignment for $23,889.33 on 4 August 2012 and paid him nothing.[2]This is consistent with the submissions of the Chief Executive, Department of Justice and Attorney-General noting that Dealer’s own records indicate that it owed Mr Turpin $12,000.00 for the vehicle.[3]
- [5]This means that Dealer misappropriated or misapplied the proceeds of sale belonging to Mr Turpin. This ‘event’ is claimable under the Fund.[4]
Did Mr Turpin suffer ‘financial loss’ because of this ‘event’?
- [6]The undisputed evidence is that Mr Turpin suffered financial loss because he did not receive the net proceeds of sale to which he was entitled as follows:[5]
Sale price of vehicle $23,889.33
Less purchase price owing 8,340.29
Less consignment fees and costs 1,780.00[6]
Amount outstanding 13,769.04
- [7]These findings are consistent with the submissions of the Chief Executive.[7] No party challenged those submissions.
- [8]The Tribunal is satisfied that Mr Turpin’s financial loss is the proceeds of sale, less any amount owing for his initial purchase of the vehicle from Dealer and consignment fees and costs.[8]
- [9]I therefore accept that Mr Turpin’s loss is $13,769.04.
Who are the liable persons?
- [10]
- [11]The Chief Executive has also indentified Barry Joseph Forbes as a director of Dealer since 21 September 2007.[11] Mr Forbes has not disputed this.
- [12]I therefore accept that Mr Forbes was an executive officer of Dealer when the event happened and is therefore also a person liable for Mr Turpin’s financial loss and is liable to reimburse the Claim Fund.[12]
What are the appropriate Orders?
- [13]Because of my above reasons, I am satisfied to make the following Orders:
- Pursuant to sections 105 and 106 of the Agents Financial Administration Act 2014, the claim is allowed in the sum of $13,769.04.
- Pursuant to section 112 of the Agents Financial Administration Act 2014, the Chief Executive must pay to Richard Turpin the sum of $13,769.04 from the Claim Fund and if an appeal is made, payment must not be made until the appeal is finally decided.
- Pursuant to section 105(3)(c) of the Agents Financial Administration Act 2014, Dealer Network Queensland Pty Ltd and Barry Joseph Forbes are named as the persons liable for the financial loss of Richard Turpin.
- Pursuant to sections 106 and 116 of the Agents Financial Administration Act 2014, upon payment from the Claim Fund, Dealer Network Queensland Pty Ltd and Barry Joseph Forbes are jointly and severally liable to reimburse the Claim Fund by paying the sum of $13,769.04 to the Chief Executive, Department of Justice and Attorney-General.
Footnotes
[1] Agents Financial Administration Act 2014 (Qld) s 82(1).
[2] Statement of Richard Eric Turpin dated 13 November 2012 at paragraphs 8, 12, 13 and 21; Contract / Order Form To Buy A Motor Vehicle dated 4 August 2012.
[3] Chief Executive’s Submissions dated 13 October 2014 at paragraph 17(c).
[4] Agents Financial Administration Act 2014 (Qld) s 82(1)(b).
[5] Statement of Richard Eric Turpin dated 13 November 2012 at paragraphs 13, 15, 18, 19, 20, 21, 23;
[6] Statement of Richard Eric Turpin dated 13 November 2012 at paragraph 15; Chief Executive’s Submissions dated 13 October 2014 at paragraph 18 notes these costs as $1,970.00 but this would appear to be an error as the Chief Executive otherwise agrees with the loss being $13,769.00, consistent with the Statement of Mr Turpin at paragraphs 13, 15, 18, 19, 20, 21 and 23, and given the lack of evidence to the contrary.
[7] Chief Executive’s Submissions dated 24 June 2014.
[8] Dowson v. Mata & Sons Pty Ltd & Anor [2013] QCAT 67 at [11]; Smart v. Sunshine CCC Pty Ltd (Deregistered) & Ors [2014] QCAT 491 at [14].
[9] Agents Financial Administration Act 2014 (Qld) ss 105(3)(c), 106(1), 116(1), (3) and (4).
[10] Letter Bentleys Corporate Recovery Pty Ltd to QCAT dated 8 December 2014.
[11] Chief Executive’s Submissions dated 13 October 2014 at paragraph 25; ASIC Search dated 25 July 2014.
[12] Agents Financial Administration Act 2014 (Qld) ss 105(3)(c), 116(4).