Dog breeder to pay consumer after barking up extras

A South Brisbane dog breeder was ordered to pay over $2,779 in compensation in the Holland Park Magistrates Court (14 December 2021) following an Office of Fair Trading (OFT) investigation.

Anthony John Eales who runs “Cudyncae” kennel pleaded guilty to making false claims about the puppy he was selling.

He was ordered to pay compensation and placed on a $5,000 good behaviour bond for 24 months.  A conviction was not recorded, however Mr Eales was ordered to submit an application for registration of the dog to Dogs Queensland within three months.

The court heard Mr Eales accepted $3,500 from a consumer for a whippet puppy that he had bred. Mr Eales had stated that the puppy was registered and came with six weeks free pet insurance.

Approximately one month after the consumer collected the puppy, they contacted Dogs Queensland to confirm its registration and discovered that the puppy had not been registered as Mr Eales had claimed. Breeders are required to register the dog within 14 days of a puppy being collected.

Mr Eales had also stated that the puppy would receive a puppy pack containing six weeks of free pet insurance. Five weeks after receiving the puppy it required veterinary treatment and the consumer contacted the pet insurer to find there was no insurance cover.

The consumer said if they had known there was no pet insurance, they would have organised some themselves therefore avoiding having to pay over $3,000 for veterinary costs.

Commissioner for Fair Trading, Victoria Thomson said there is a significant emotional investment for a consumer buying a pet, as well as the financial cost.

“Dog breeders must do the right thing and ensure they honour their obligations and legal responsibilities to consumers.  Any claims made by businesses in Queensland must not be false or misleading,” Ms Thomson said.

“The OFT provides information and advice to businesses about their rights and responsibilities under consumer laws and I urge businesses to check out the information available on the OFT website. Industry guides are also available to download or to order in hard copy.

Consumers who have been unable to satisfactorily resolve a marketplace dispute with a trader can lodge a complaint with the OFT online at www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).