Event and Time
Event Description
- Mark Weber met Ewan Carkeek at a horse riding event in April 2016.
- The two parties reached an agreement where Mr. Weber would live and work on Mr. Carkeek's farming property in exchange for his labor.
- Mr. Weber lent Mr. Carkeek several sums of money totaling $100,000 between May 2016 and July 2017.
- Mr. Weber discussed business plans with the Carkeeks and began an agistment of cattle on their property.
- Due to a deteriorating relationship, Mr. Weber ceased working for them in December 2017 but continued to reside on the property until October 2018.
Application and Claims
- In May 2018, Mr. Weber made a claim to the Victorian Civil and Administrative Tribunal (VCAT) against Mr. and Mrs. Carkeek under the Australian Consumer Law, seeking over $750,000.
- Claims included repayment of loans, management fees, and breach of an agistment agreement.
- The Carkeeks counterclaimed for unpaid rent and agistment fees and sought Mr. Weber's eviction from the property.
Judicial Decisions
- In December 2018, VCAT made several orders:
- Dismissed claims against Alison Carkeek. - Required Mr. Weber to pay Mr. and Mrs. Carkeek a total of $84,014.35. - Ordered Mr. Carkeek to pay Mr. Weber $125,142.42.
- Mr. Weber sought leave to appeal the Tribunal's orders, arguing he was denied a fair hearing, that there was bias, and that the Tribunal had failed to adequately apply the ACL.
Dispute Points and Legal Basis
Dispute Points
- Mr. Weber's Claims:
- Alleged funds owed to him for loans, management services, and breaches of agreement. - Cited breaches leading to significant financial loss, including loss of cattle due to alleged neglect.