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austlii:qld/QCCTPAMD/2008/45
respondent. Fine of $2,550 and costs of $1,140 ordered; no disqualification or suspension from holding motor dealer licence
A motor dealer who operated without a proper licence by using another person's licence was fined $2,550 rather than being disqualified from holding a licence. The Tribunal found that because he was now properly licensed, had cooperated with investigators, pleaded guilty early, and had not caused harm to consumers, putting him out of business would be too harsh. He was also ordered to pay $1,140 in costs.
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The applicant has been a licensed motor dealer and a licensed car salesman in different periods of time spread over a number of years. He has worked in the motor trade since he turned 18, having been born 44 years ago.
He has been found guilty, by his own admission, of, in effect, buying somebody else's licence to operate a car yard, and under the colour of that licence he operated a yard posing as a licensed motor dealer for a period running from November 2006 until May of 2007.
In that time he sold about 94 motor vehicles, of which 70 were wholesale trades, dealer to dealer. There has been no harm to the public other than that an unlicensed dealer held himself out there as such.
He co-operated fully with the investigation, he made full admissions when questioned and entered a plea of guilty at an early stage. I do not think that he should be put out of business by being disqualified or suspended. I think that he has been adequately dealt with by way of a fine of $2,550.00.
The order to pay the Chief Executive's professional costs of $1160.00 will be a further penalty upon him. On the facts presented to me by the applicant and the respondent, I am of the view that those are the appropriate orders.
_____________________________
The Chief Executive, Office of Fair Trading
Carmichael, J.S. [2008] QCCTPAMD 45
Fine of $2,550 and costs of $1,140 ordered; no disqualification or suspension from holding motor dealer licence