- Landscaper fined $2,000 after taking upfront money and failing to complete work
- Took 50 per cent deposits for three jobs, but later claimed insolvency
- Consumers urged to limit upfront payments, use instalments, pay by credit card
A Perth landscaping operator who took thousands of dollars in deposits but failed to carry out the agreed landscaping, reticulation and turf installation work at three homes has been fined in the Joondalup Magistrates Court.
The offender, who received a spent conviction and cannot be identified, pleaded guilty and was fined $2,000 for breaching the Australian Consumer Law. He was also ordered to pay $924 in costs.
Between April and May 2023, three consumers each paid the operator a 50 per cent deposit for landscaping, reticulation and turf installation work in Greenwood and Bedford. Despite accepting more than $14,000 in total, he failed to carry out the agreed work and later told each customer he was insolvent and facing imminent bankruptcy. All deposits were eventually refunded, but only after civil proceedings were commenced in 2024.
In sentencing, Magistrate Shackleton noted that while the money had been repaid, this occurred only because of court action.
Commissioner for Consumer Protection Trish Blake said taking deposits and then failing to complete the work was a serious breach of trust.
“Consumers must be able to rely on traders to do what they promise once money has changed hands,” Ms Blake said.
“This behaviour causes significant stress and inconvenience for consumers, even when refunds are eventually made. Traders have a responsibility to accept only the work they can complete.
“We will continue to take action against operators who take payments without delivering, and we encourage consumers to report any similar conduct so we can take appropriate action.”
Ms Blake encouraged consumers to limit upfront payments or arrange progress payments for larger jobs, and to consider using a credit card for added protection.
“A credit card can provide valuable safeguards, including the ability to seek a chargeback through your bank if the work isn’t delivered,” the Commissioner said.
Consumers who pay deposits to tradespeople but have trouble getting the work completed can lodge a complaint on the Consumer Protection website. For enquiries, email consumer@lgirs.wa.gov.au or call 1300 30 40 54.
Media Contact: cpmedia@lgirs.wa.gov.au