Painting company and director fined

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ConsumerBusiness / companyPainter

Shelley painting company Jackal Nominees Pty Ltd and its director Fortunato (John) Giovanni Del Fante, trading as Pedrini Painting – Del Fante, have been ordered to pay fines of $10,000 and costs of $414.60 each after being successfully prosecuted by the Building Commissioner for registration and contractual offences that occurred when the company was not registered.

In proceedings finalised in the Perth Magistrates Court on 30 October 2015, the company and Mr Del Fante pleaded guilty to four charges under the Building Services (Registration) Act 2011 and the Home Building Contracts Act 1991.

The charges were in relation to two contracts the company entered into in 2013 for the carrying out of painting work at properties in Marmion and Como. The contract for the Marmion property was valued at $7,968. The contract for the Como property was valued at $1,955.

Two of the charges were for carrying out a prescribed building service for another person while not being a registered painting contractor. The company unsuccessfully applied to be registered in 2009 but continued to carry out painting work until it was registered as a painting contractor in October 2014 (reg. PC8214). Mr Del Fante became a registered painting contractor and practitioner in January 2015 (reg. PP100134 & PC100095).

The other two charges related to the Marmion property only and were for entering into a home building work contract that provided for the company to receive a deposit in excess of 6.5 per cent of the total value of work; and for the company holding out or implying that it was entitled to carry out painter work for others when it was not.

As the director who consented to the company’s actions, Mr Del Fante was convicted of the same four charges.

“In Western Australia, it is an offence to carry out painting work valued over $1,000 for another person for profit or reward without the required registration,” Building Commissioner Peter Gow said.

“Anyone carrying out painting work is responsible for being aware of their obligations under the building laws. Information is available on the Building Commission website www.commerce.wa.gov.au/building-commission or contact us for assistance on 1300 489 099.

“The Building Commission will continue to prosecute and name those who put consumer interests and the reputation of the building industry at risk.”

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Media release
09 Nov 2015

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