Boat builder at sea with consumer law

A Gold Coast boat builder has been convicted and ordered to pay over $23,000 in fines and compensation after failing to provide boat repair and renovation services to a consumer’s boat.

On 14 March 2022, in the Southport Magistrates Court, Michael Philip Lazzarini, who trades as Fusion Yachts, was convicted of breaching the Australian Consumer Law after a prosecution by the Office of Fair Trading (OFT).

Mr Lazzarini was found guilty of failing to supply goods and services within a reasonable time.

He did not attend court and the matter was heard ex-parte. He was convicted and fined $10,000 and ordered to pay $13,688 in compensation to the consumer.

The court heard that in October 2020 Mr Lazzarini had agreed to repair and replace fixtures and fittings on a consumer’s newly purchased boat. The services were meant to be completed in four to five weeks and cost between $15,000 to $17,000.

Between October 2020 and December 2020 Mr Lazzarini accepted $18,688 in total from the consumer for the work. However, by the end of December although $5,000 worth of equipment had been received the work had not been completed.

Mr Lazzarini did not return calls and messages left by the consumer or respond to OFT’s enquiries about the matter.

A/Commissioner for Fair Trading Anthony Crack said traders need to honour their commitments to consumers.

“Consumers are entitled to request a refund for unsupplied goods or services and if the matter remains unresolved, seek assistance from the OFT,” Mr Crack said.

“The OFT will continue to take up issues for consumers who do not receive what they have paid for.”

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).