Gold Coast landscaper found guilty despite court no show
A Park Ridge landscaper has been ordered to pay $9,550 in fines and compensation after charges were laid by the Office of Fair Trading (OFT) for breaching the Australian Consumer Law.
Kevin Samuel Locke, operator of the business Locke N Load Outdoor Services, was found guilty after accepting $3,550 for fencing and concreting services but failing to supply them.
Mr Locke left Australia for New Zealand without supplying the goods and services or refunding the consumer.
He did not attend the Southport Magistrates Court hearing on 14 March 2022 and the matter was heard ex-parte. No conviction was recorded.
The court heard that in June 2021 a consumer posted on a service platform, requesting quotes for fencing and concreting to be completed at her property. Mr Locke quoted the consumer $3,550 for installation, labour and materials.
The consumer paid the quoted amount in full and was advised the work would commence the week of 5th July 2021. After this date passed the consumer became concerned as Mr Locke failed to arrive and made excuses as to why he had not commenced the job.
The consumer contacted the supplier of the materials and discovered no order had never been placed. The consumer then requested Mr Locke refund their $3,550 as the job was not completed by the agreed date.
Mr Locke claimed on several occasions that he had refunded the consumer but in fact he failed to do so. He did not participate in an interview with the OFT and he subsequently left Australia while the OFT’s inquiries were still underway.
A/Commissioner for Fair Trading Anthony Crack said it’s not ok for traders to take payments but then not supply the goods or services as it undermines consumer confidence in the marketplace.
“Under the Australian Consumer Law, businesses must not accept payment for products or services if they are not able to supply them,” Mr Crack said.
“It is important for traders to understand and abide by their legal obligations.”
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).