3 days ago
Woman who lost money to real estate agent Sarah Dougan welcomes fraud sentencing order
A woman who lost money in a Byron Bay real estate fraud case has vowed to be in court when the real estate agent responsible is sentenced.
Now living in the United States, former Belle Property Byron Bay director Sarah Dougan lost her appeal to be sentenced remotely after pleading guilty to charges of fraud.
The Supreme Court has ordered Dougan to return to Australia.
"I am a firm believer that if you commit a crime, then you should pay for it," Robyn Quickenden, a former nurse, said.
"I want to look her in the eye."
The NSW Department of Fair Trading began investigating Dougan in 2011 after complaints about conveyancing transactions and missing funds.
At the time, Dougan was one of the directors and company secretary of Belle Properties Byron Bay (BPBR Pty Ltd) with control of the trust account.
An estimated $540,000 was misappropriated from the trust account.
Some of that money belonged to Ms Quickenden, who sold her home through the Belle Properties Byron Bay franchise when it was held by Dougan.
As a single woman preparing for her retirement, Ms Quickenden said the home was an important asset and the missing funds meant she could not buy another property.
"It affected my mental health and was such a struggle because I was on my own and I had to worry about getting the money back," she said.
"It changed the trajectory of my life."
In 2013, a warrant was issued for Dougan's arrest on fraud charges but she was living in the United States.
The NSW Department of Fair Trading has pursued Dougan since, trying to have the former real estate agent return to Australia for sentencing.
After pleading guilty in 2020 and 2021, Dougan faces the possibility of a custodial sentence.
Dougan was not present at a 2023 hearing, but made an application to attend by audiovisual link from the United States.
The application listed personal reasons why the mother of five could not attend the hearing in Australia, including that she is now the CEO of a company in charge of 70 employees.
Magistrate Peter Feather dismissed the application, stating:
"I am satisfied in the circumstances that I have set out the serious nature of these offences, the fact that there is a real prospect of the accused serving a sentence of imprisonment, that the sentencing will be more conveniently undertaken in a courtroom."
A sentence of imprisonment generally starts the day it is imposed.
Dougan's absence would mean she could not immediately be taken into custody if she were ultimately given a custodial sentence.
In May this year, Dougan appealed the 2023 finding in the Supreme Court, applying a second time to appear by audiovisual link from the United States.
Now that appeal has also failed.
In a statement, NSW Fair Trading Commissioner Natasha Mann was adamant Ms Dougan should return to Australia to be sentenced.
"The defendant pleaded guilty to serious charges involving a significant amount of money being held in trust for consumers, so it is entirely appropriate the sentencing for those offences occurs in NSW in person," she said.
According to court documents, in late 2020, Sarah Dougan repaid the Property Services Compensation Fund around $374,000.
Ms Quickenden said she was still traumatised by her experiences.
"I actually feel sorry for her [Dougan] because she now has children, but I don't think that allows you to walk away and not pay for what you did," Ms Quickenden said.
She said her money was eventually returned through the NSW Department of Fair Trading's insurance scheme.
When Dougan signed the franchise for Belle Properties Byron Bay, she was well established in the Sydney real estate scene.
Group CEO of Belle Properties Peter Hanscomb welcomed the latest court decision.
"I am quite happy to see her held to account," Mr Hanscomb said.
He said there was no indication of any issues with Dougan when she was first awarded the franchise.
"She had been highly recommended by executives of LJ Hooker where she was a representative of their financial services arm for six years," he said.
Mr Hanscomb said she only held the franchise for four months before concerns were raised, and he went to Byron Bay to investigate.
"Within a week she had been removed from the franchise," he said.
Dougan's case is not the only real estate scandal to rock Byron Bay's property market.
In 2009, Nicolette van Wijngaarden set out to market high-end luxury properties in the tourist region through the company she founded, Unique Estates.
Between 2016 and 2018, Ms van Wijngaarden took client deposits and rent money from trust accounts, estimated to add up to around $3.6 million.
In 2019, she faced 15 charges, 10 of which related to dishonestly obtaining financial advantage by deception.
The 44-year-old was sentenced to three years and six months in jail after pleading guilty to fraud.
