Trader doesn’t move heaven and earth for consumer
A Brisbane earth moving company and its sole director have been fined $17,000 and ordered to pay $2,300 in compensation to a consumer after being taken to court by the Office of Fair Trading (OFT) for taking a deposit to carry out work but failing to do so.
Gary Paul Bailey, the director of The Kanga Guy Pty Ltd, did not attend court and was found guilty of breaching the Australian Consumer Law in the Wynnum Magistrates Court on 25 March 2022.
The court heard that The Kanga Guy Pty Ltd advertised the supply of excavation and demolition services to consumers on social media. In October 2020, Mr Bailey quoted a consumer $4,070 for earth moving services and requested a deposit of $2,300, which the consumer paid, but the work never commenced.
The OFT took the matter up with Mr Bailey on the consumer’s behalf. Mr Bailey advised he would refund the consumer as he was unable to undertake the work as promised. However, the refund was never provided.
Mr Bailey was fined $2,000 and his company The Kanga Guy Pty Ltd was fined $15,000 and ordered to pay $2,300 in compensation. No conviction was recorded.
A/Commissioner for Fair Trading Anthony Crack said traders must not quote for jobs and accept payment if they are not able to undertake the work when they say they will or, if no date is given, within a reasonable time.
“Consumers should always do their research, not pay large sums of money up front, and only use reputable traders.” Mr Crack said.
“Ask friends and family for recommendations, check reviews, and ask traders for examples of their previous work you can view and clients you can talk to.”
“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 should raise the issue with the trader. If they are unable to resolve the issue with the business, they are encouraged to make a complaint to the OFT either online at www.qld.gov.au/fairtrading, or by calling 13 QGOV (13 74 68).