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- 2 March 2006
Mrs Marcia Sutton and Manton Auctioneers Pty Ltd
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Page: 21017
Mr DARYL MAGUIRE (Wagga Wagga) [5.43 p.m.]: I draw to the attention of the House a matter concerning Marcia Sutton, who is a constituent in the electorate of Wagga Wagga. In March 2004 Marcia Sutton obtained estimates from Manton Auctioneers Pty Ltd of between $20,300 and $28,800 to sell her antiques. The director of Manton Auctioneers, Colleen Willcox, failed to place reserves as promised and claims that the antiques were sold for $7,220, less her commission. Several letters of demand from Marcia Sutton's solicitor failed to result in any payment for these items. The Fair Trading office was unable to resolve the matter.
An application was made to the Consumer Trade and Tenancy Tribunal [CTTT] which resulted in a court order for Manton's to pay the money by 8 October 2004. That order has been ignored by Colleen Willcox. The court order was registered at Wagga Wagga, and then at Frankston, Victoria, with costs and interest to 16 November 2005 now standing at $11,963.91. The Sheriff was paid $165 to seize the property. Mrs Willcox said she did not have anything to seize. Several letters to Fair Trading and the CTTT regarding attempts to enforce the order resulted in a reply that they had dealt with the matter and suggested the Local Court. Manton's has gone into liquidation and Colleen Willcox now operates a new company, Willcox Auctioneers Pty Ltd. Several letters were sent to the Attorney General asking for assistance. The suggestion was to try the Department of Fair Trading and the Sheriff. The Prime Minister's office suggested the Australian Competition and Consumer Commission [ACCC] and the Australian Securities and Investment Commission [ASIC]. ASIC has decided it will not investigate the company, even though it is against the law to register another company leaving the previous one in debt.
At my suggestion, Marcia Sutton contacted detectives regarding fraud and made a statement at Wagga Wagga. That was transferred to Hastings, Victoria, where the detectives said that they had to prove that Colleen Willcox intended to commit fraud. Marcia Sutton has made several unsuccessful attempts over the past 22 months to contact Mrs Willcox and ask for her money. That has resulted in numerous threats and unsubstantiated accusations made against her. Colleen Willcox took out an intervention order against Marcia Sutton. That intervention order was later revoked. Marcia Sutton made an application to the CTTT against Colleen Willcox for not complying with the court order. The application was finalised on 25 January without success. A complaint has been lodged in regard to Colleen Willcox's failure to comply with the court order and knowingly supplying misleading and false information.
This is a saga of a woman who trusted an antique dealer in Victoria to sell her goods. The goods were transported at the owner's cost on the promise that they would have a reserve price placed on them. That did not happen. As I have related to the House, Marcia Sutton has attempted in every way possible to have her moneys refunded to her. According to the tribunal, those moneys must be paid. I have written to the relevant Victorian Minister, as I have to the Minister in New South Wales, to seek assistance for Mrs Sutton. The reason I take up this matter in the House is because it is typical of the problems one sees on A Current Affair. If people involved in that program are listening, perhaps they might like to take an interest in this matter.
My concern is that Mrs Sutton has been dudded. Those goods were sold at well below their market price and without her authority to sell them. I believe that contravenes the legislation relating to auctioneers because they were sold without her authority and below the estimated price that she had set for them. In addition, Marcia Sutton has spent a large amount of time, money and effort to try to obtain recompense, but without success. It appears to me that the New South Wales and Victoria legislation does not gel. It is not mirror legislation. If it were, action could be taken in New South Wales in respect of Manton Auctioneers that would provide a suitable solution in Victoria. This week the House dealt with legislation affecting property, stock agents, business agents and auctioneers that related to this very issue. I believe that pressure needs to be brought to bear in some way. I appeal to the Minister for Fair Trading and the Minister at the table, the Minister for Aboriginal Affairs, to do what they can to help Marcia Sutton have money that is rightfully hers paid to her, and to have the New South Wales legislation adjusted in New South Wales so that the situation does not occur again.
Mr MILTON ORKOPOULOS (Swansea—Minister for Aboriginal Affairs, and Minister Assisting the Premier on Citizenship) [5.48 p.m.]: I commend the honourable member for Wagga Wagga for drawing this issue to the attention of the House. He is also to be commended for properly advising his constituent in relation to this matter. He has mentioned two specific issues that I will follow up. The first is the representations to the Minister for Fair Trading. The second is seeking to achieve uniformity in consumer protection laws and legislation relating to auctioneers. There is both a national and international trade in antiques, and where there are inconsistencies in the regulation of consumer protection laws, uniformity is needed. In this case it seems the auctioneer may have breached the laws in this State but has managed not to fulfil her responsibilities because of provisions applying in another State. I will take up these matters with the Minister for Fair Trading.
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