Busselton tradie to pay $9,652 for failing to deliver (Jamie Douglas Bishop / Busselton Cement Products)
A cement business owner has been fined $4,500 by the Busselton Magistrates Court and ordered to pay $3,000 in compensation to three of his clients after pleading guilty to accepting deposit payments but failing to deliver the goods or services.
Jamie Douglas Bishop of Busselton was trading as Busselton Cement Products when the breaches of the Australian Consumer Law occurred in 2016 and 2017. The court also ordered Mr Bishop to pay the prosecution’s costs of $2,152.20.
A women’s refuge in Busselton was granted $800 in compensation after engaging Mr Bishop to supply and install a concrete shed pad, soak-well and associated earthworks. Deposit money was paid but Mr Bishop failed to carry out any work or supply any materials.
Compensation of $1,200 was awarded to a Busselton property owner after he engaged Mr Bishop to supply and install two soak-wells. A deposit was paid but no goods were provided.
A Nannup property owner was granted $1,000 after Mr Bishop took a deposit for supplying and installing two septic tanks and a leach drain system, plus a patio and associated earthworks. Two septic tanks were delivered, but no other work was done.
In sentencing on 11 February 2020, Magistrate Keane said there was no excuse for committing offences of this kind and there was a need for both personal and general deterrence.
Commissioner for Consumer Protection Lanie Chopping described it as a very serious matter given the repeat nature of the offences.
“By taking a total of $5,600 in deposits and only delivering a fraction of the goods promised in one case and nothing in two others, Mr Bishop has shown a complete disregard for the consumer rights of his clients,” Ms Chopping said.
“Our recommendation is for consumers to only pay small deposits upfront, or progress payments as various parts of a bigger job are completed are also acceptable.
“Consumer Law states that work must be done in a reasonable amount of time, or by the completion date listed on the contract, so it’s advised to contact Consumer Protection if there are unreasonable delays.”
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