Gold Coast man's conduct ap-pool-ing
12 August 2019
A Pimpama man has been ordered to pay $10,000 in fines and $300 in compensation by the Southport Magistrates Court today (12 August) after being investigated by the Office of Fair Trading (OFT).
Cory Thomas McEvoy was found guilty of breaching the Australian Consumer Law after he took payment from a Shailer Park resident for the supply and installation of a pool fence, but did not complete the job. A conviction was recorded.
The court heard that on 24 July 2018, Mr McEvoy took a $300 deposit from a consumer without specifying a completion date for the supply and installation of the pool fence.
Under the Australian Consumer Law, when no date is specified services must be delivered within a reasonable time.
Nearly seven months later, the job had not been started and the consumer’s enquiries and refund requests to Mr McEvoy went unanswered.
Mr McEvoy did not appear in court and the matter was heard ex parte.
In sentencing, Magistrate John Costanza noted the seriousness of the breach as it left the consumer with a non-compliant pool fence and posed a significant threat to neighborhood children.
It also left the consumer liable for additional costs to ensure the pool fence complied with local council regulations.
Acting OFT Executive Director Craig Turner warned traders not to accept payments for goods or services that they can’t deliver.
“A trader should not make promises if they know that they cannot fulfil their commitments,” Mr Turner said.
If consumers have paid for goods or services they have not received, they can lodge a complaint with the OFT online at www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).