Christopher John Brocklebank, trading as Perth Evaporative Air & Gas, has again failed to appear in court, this time to face two charges relating to a home building work contract entered into for the supply and installation of an air conditioning system at a Scarborough property in January 2013.
In proceedings initiated by the Building Commissioner and finalised in the Perth Magistrates Court on 1 August 2014, Mr Brocklebank was, in his absence, found guilty of the charges and ordered to pay fines of $2,000 and costs of $900.
The charges were for offences under the Home Building Contracts Act 1991. The first charge was for failing to ensure that the home building work contract was reduced to writing and signed by both parties. The contract also provided for the builder to receive a deposit in excess of 6.5 per cent of the total value of work, resulting in the second charge.
This is not the first time Mr Brocklebank has failed to appear in court. In early July this year, Mr Brocklebank was due to face trial in the same court on seven charges of breaching Australian Consumer Law but failed to appear.
Continuing complaints received against Mr Brocklebank prompted Consumer Protection to issue a renewed warning against the rogue trader, who it said had continued to take substantial deposits from consumers then failed to carry out or complete the work. Consumer Protection’s warning, which can be viewed at www.commerce.wa.gov.au/announcements also linked Mr Brocklebank to the trading name Elements ‘Hearth, Wind and Fire’.
“Our colleagues at Consumer Protection have advised consumers that they should avoid having any dealings with Mr Brocklebank or his businesses and I strongly recommend that they heed this warning,” said Building Commissioner Peter Gow.
“Furthermore, anyone who has had recent dealings with Mr Brocklebank is encouraged to contact the Building Commission or Consumer Protection.
“The poor behaviour displayed by Mr Brocklebank, including his apparent disregard for the law, is not welcome in our building industry.
“The Building Commission will continue to work with Consumer Protection to ensure that dodgy operators like Mr Brocklebank, whose actions put consumer interests and the reputation of the building industry at risk, are held to account.”
For more information on builders’ responsibilities and the relevant laws, visit the Building Commission website at www.commerce.wa.gov.au/building-commission, or contact 1300 489 099 or firstname.lastname@example.org. Consumer Protection can be contacted on 1300 304 054 or email@example.com.
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