Trader to pay over $30,000 for failing to supply retaining wall and fence
A Brisbane trader has been ordered to pay over $30,000 in fines and compensation after being prosecuted by the Office of Fair Trading (OFT) for failing to build a retaining wall and fence at a consumer’s property.
Adam Michael Bosher, sole director of Bosh Contractors Qld Pty Ltd, was found guilty in the Brisbane Magistrates Court on 19 August 2022 for breaching the Australian Consumer Law.
Mr Bosher was fined $10,000 and ordered to pay $5,944 in compensation to the affected consumer. His company Bosh Contractors Qld Pty Ltd was fined $15,000.
The court heard that in May 2021 Mr Bosher quoted the consumer $9,341 to construct a retaining wall and fence. He also provided an option for ‘cash’ payment which reduced the quote to $8,492 with GST removed. Mr Bosher asked for a 70 per cent deposit to be paid upfront into his personal account using the reference ‘holiday payment’.
Mr Bosher was to commence work on 4 May 2021 but failed to attend. Between May and June 2021 Mr Bosher arranged several new commencement dates which he failed to honour, instead providing a range of excuses to the consumer about why he was unable to start the work.
The consumer requested a full refund on multiple occasions, however Mr Bosher refused.
Commissioner for Fair Trading Victoria Thomson said if other consumers have paid Mr Bosher for services they have not received, they are encouraged to seek assistance from the OFT.
“If you are asked to pay a large amount to someone’s personal bank account without an invoice or reference number acknowledging the job, or with a peculiar or unconnected payment reference, this should be a red flag,” Ms Thomson said.
“Ask the business if they will accept a small deposit, then progress payments as the materials are delivered and the work is undertaken, and the remainder on completion, that way if the goods do not arrive, or the work is not completed, you are not left severely out of pocket.”
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).