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Temperature rises for Bali hut businessman

18 September 2018

Ormeau businessman Jonothan Nathan Leahy was ordered to pay $10,000 by the Cairns Magistrates Court today (18 September 2018) after being charged by the Office of Fair Trading (OFT) for failing to supply goods.

Mr Leahy, director of Obihaka Pty Ltd trading under the business names Tropical Lifestyle Living, The Granny Flat and Timber Cabin Superstore, pleaded guilty to three counts of accepting payment for goods and failing to supply under the Australian Consumer Law (ACL).

The court heard that between September 2015 and October 2016 Mr Leahy entered into contracts and accepted deposits from three consumers for outdoor gazebos and pavilions totalling $20,815.

The affected consumers made numerous attempts over an 11-month period to contact the business, however they were unsuccessful and the products remained undelivered.

In January 2017, Mr Leahy sold the business to the manager he had previously appointed.

In sentencing, the court took into consideration Mr Leahy’s early guilty plea, his cooperation with the OFT and his admission he was responsible for the operational control of the business.

Fair Trading Acting Executive Director Sharon Simmers said businesses had obligations to consumers under the ACL.

“The OFT will take action against businesses that accept money from consumers and fail to supply the goods within a reasonable time frame,” Ms Simmers 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).