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Organiser told to pay back $5500 after event is cancelled

A WOMAN has been ordered to pay back more than $5000 worth of sponsorship she received when organising an Ipswich Home Show that never happened.

After the 2011 floods, Amanda Foy began to plan the Ipswich Home and Lifestyle Show to help "reinvigorate" local businesses.

Ms Foy was supported by local businesses including Bradley Riches from Plants Plus Raceview, who agreed to sponsor the event to the tune of $5500.

After signing a sponsorship agreement in October 2011, Ms Foy sent Mr Riches a letter on July 20, 2012 inviting him to terminate the sponsorship. A week later Ms Foy contacted Mr Riches and told him she was cancelling the show.

Mr Riches then filed a claim demanding a refund of the money he had paid. After two hearings a tribunal ordered Ms Foy to repay the sponsorship.

However, Ms Foy applied to appeal the decision. The appeal was dismissed and she was ordered to repay the money.

Ms Foy appealed on a number of grounds, including the adjudicator was condescending and belligerent, the relevant evidence was not considered and the adjudicator did not take into consideration the benefits Mr Riches received from advertising before the show's cancellation.

However, Queensland Civil and Administrative Tribunal senior member Peta Stilgoe said the adjudicator acted fairly and in accordance with his responsibilities.

"The learned adjudicator asked Ms Foy some difficult and uncomfortable questions but I am not satisfied that the learned adjudicator's tone was condescending or belligerent," she said.

She said Ms Foy was right in stating the adjudicator did not take any benefits Mr Riches received into account, however, as the sponsorship agreement they signed stated event cancellation meant the refund of "any cash received", he was right not to take it into account.

"There is no legal basis on which the tribunal can consider the benefit to Mr Riches," she said.

Topics:  queensland civil and administrative tribunal




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