Chen v Feng [2020] NSWCATCD 8

Chen v Feng [2020] NSWCATCD 8

Mr Feng, as licensee of ACPM, engaged in unconscionable conduct by causing or permitting ACPM to misappropriate and intermingle the applicant's trust funds regarding Brisbane City Council rates and utility charges ($577.30), and by an unauthorised deduction for housekeeping ($260.00), contrary to section 32 of the Property, Stock and Business Agents Act 2002 (NSW), which serves as an industry code for the purposes of the ACL. The Tribunal found no misleading or deceptive or further unconscionable conduct proved, or involvement in same, by Mr Feng or Mr Forbes in other respects. Mr Feng is personally liable to compensate the applicant for these specific losses. All other claims were...

Parties
Applicant: Yilin Chen; First Respondent: Callum Forbes; Second Respondent: Jeffrey Feng
Jurisdiction
Australia
Judgment Date
05 February 2020
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
Partially successful: Applicant's claim allowed in part; Mr Feng ordered to pay compensation; application otherwise dismissed.
Legal Topics
Misleading and Deceptive Conduct, Unconscionable Conduct, Jurisdiction, Trust Money, Agency Agreement, Rental Guarantee
Consumer Law Property Law Agency Law Misleading and Deceptive Conduct Unconscionable Conduct Jurisdiction Trust Money Agency Agreement +1 more

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Parties

Yilin Chen

Applicant

Callum Forbes

First Respondent

Jeffrey Feng

Second Respondent

Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 Whether misleading and deceptive conduct occurred regarding the rental guarantee and agency agreement
  2. 2 Whether unconscionable conduct occurred in relation to deductions/misappropriation of trust money
  3. 3 Whether the Tribunal had jurisdiction and was the convenient forum for the dispute

Ratio Decidendi

Mr Feng, as licensee of ACPM, engaged in unconscionable conduct by causing or permitting ACPM to misappropriate and intermingle the applicant's trust funds regarding Brisbane City Council rates and utility charges ($577.30), and by an unauthorised deduction for housekeeping ($260.00), contrary to section 32 of the Property, Stock and Business Agents Act 2002 (NSW), which serves as an industry code for the purposes of the ACL. The Tribunal found no misleading or deceptive or further unconscionable conduct proved, or involvement in same, by Mr Feng or Mr Forbes in other respects. Mr Feng is personally liable to compensate the applicant for these specific losses. All other claims were...

Court Disposition

Partially successful: Applicant's claim allowed in part; Mr Feng ordered to pay compensation; application otherwise dismissed.

Orders

  • Mr Forbes' applications to stay, adjourn or reopen proceedings, or summarily dismiss on grounds of jurisdiction, forum or compensation scheme alternative, are refused.
  • Jeffrey Feng must pay Yilin Chen $837.30 immediately.