Enforcement Actions Report: January - March 2015 Quarter

Transcription

1 Enforcement Actions Report: January - March 2015 Quarter In the course of administering NSW s fair trading laws, Fair Trading may take enforcement action against individuals or companies that contravene those laws. Enforcement action is designed to stop the unlawful conduct, reduce the likelihood of its recurrence, act as a general and specific deterrent and where appropriate, reverse its effect through actions such as corrective advertising or compensation. This report includes public information available through the courts as well as information on public registers administered by Fair Trading. The enforcement actions listed may include: convictions resulting from prosecution in a court; statistical information on penalty notices issued by Fair Trading; disciplinary determinations including results of proceedings in the Administrative Decisions Tribunal; and injunctions or other orders resulting from civil proceedings in the Supreme Court. The information provided is correct as at the date of this report. Any matter might be subject to a change resulting from an appeal or application for review. Current information may be obtained by contacting Fair Trading or accessing the public register where relevant. Administrative Decisions Tribunal Act Associations Incorporations Act Australian Consumer Law (NSW) Bankruptcy Act Business Names Act Consumer, Trader and Tenancy Tribunal Act Conveyancers Licensing Act Co-operatives Act Crimes Act Electricity (Consumer Safety) Act and Regulation Fair Trading Act Graffiti Control Act Home Building Act Landlord and Tenant (Rental Bonds) Act Motor Dealers Act and Regulation Motor Vehicle Repairs Act Pawnbrokers and Second-hand Dealers Act Plumbing and Drainage Act Property, Stock and Business Agents Act Registration of Interest in Goods Act Residential Parks Act Residential Tenancies Act Retirement Villages Act Supreme Court Rules Travel Agents Act Valuers Act

2 Australian Consumer Law (NSW) Glenn William Lawrence t/as AEL Property Services No fixed address Accept payment not supply goods/services in time. Convicted, fines and costs $1,374 Luke Garry Faucett Kandos Accept payment not supply goods/services in time. Convicted, fines and costs $3,761 Peter Noel Anthony Sorensen trading as Construction Mining & Resource Media Shoalhaven Heads Assert right for payment for unsolicited services. Convicted, sentenced to 15 months imprisonment commencing 13/02/2015 with a six month non-parole period. Ausroofing Pty Ltd Accept payment not supply goods/services in time. Convicted, fine and costs $2,087 Darren Wayne Rudkin Chiswick Accept payment not supply goods/services in time. Section 9 Good Behaviour Bond for 2 years. Fines and costs. $674 Fiona Healey Accept payment not supply goods/services in time. Section 9 Good Behaviour Bond for 2 years. Fines and costs. $674 Nada Hirmiz Fairfield Supply consumer goods which do not comply with a safety standard Section 10(1)(b) - offence proven, no conviction recorded. Good behaviour $471 bond for 1 year and costs. Nahi (David) Sadiq Hirmiz Fairfield Supply consumer goods which do not comply with a safety standard Convictions affirmed, fines and costs. $1,609 Andrew Lee Pedzik C expired Rooty Hill Consent Injunction against the defendant from making false or misleading representations about holding a valid authority to do, contract for, or receive payment for residential building work or specialist work for a period of 2 years. Consent injunction Total prosecutions $10,650 Penalty Notices Defendants: 15 Offences: 15 $8,250 Total Australian Consumer Law (NSW) Penalties $18,900 Crimes Act Christopher Andrew Gilbert Turramurra Obtain financial advantage by deception; Fraud. Convicted. Community Service Order of 500 hours plus costs. $1,837 Van Trung Dinh C Canley Vale Use false document to influence. Convicted, fines and costs $8,171 Bilal El Dannaoui Publish etc false misleading material to obtain advantage; Forgery, making false document to influence. Section 10(1)(b) - offence proven, no conviction recorded. Good behaviour bond for 2 years. Luke Garry Faucett Fraud, dishonestly obtain financial advantage by deception. Convicted, fines and costs $3,261 Charbel Khoury Publish etc false misleading material to obtain advantage; Use false document to influence. Son Giang Tran Nguyen Greenacre Fraud, dishonestly obtain financial advantage by deception; Using false document to obtain financial advantage. Section 9 Good Behaviour Bond for 2 years and strictly comply with the terms of $14,587 the Enforceable Undertaking. Fines and costs. Convicted. 14 months imprisonment to be served by way of an ICO. Hugo Sardi aka Carlos De Jennaro Prestons Make false or misleading statement obtain a financial advantage. Section 10(1)(a) - offence proven, no conviction recorded and costs. $587 Stephen Alun Ball Parramatta Fraud. Convicted. 14 months imprisonment with non-parole period of 8 months and the balance of 6 months on parole. Andrew Lee Pedzik C expired Rooty Hill Using false document to obtain financial advantage; Use false document to influence. Convicted. 300 hours of community service to be served concurrently and costs. Total prosecutions $28,530 Penalty Notices Defendants: Offences: Total Crimes Act Penalties $28,530 Electricity (Consumer Safety) Act and Regulation Total prosecutions Penalty Notices (Under the Act) Electricity (Consumer Safety) Act Defendants: Offences: Penalty Notices (Under the Regulation) Electricity (Consumer Safety) Regulation Defendants: 1 Offences: 1 $1,000 Total Electricity (Consumer Safety) Act and Regulation Penalties $1,000 $87

3 Home Building Act Resort Pools & Spas Pty Ltd C Sydney Failure to comply with RO Fine $6,000 Malcolm Scott 62040S Sydney Failure to comply with RO Fine $3,000 Simon Livingstone 37059S Hunter region Breach of statutory warranty Fine $1,500 SNL Building Constructions Pty Ltd C Hunter region Breach of statutory warranty Fine $3,000 Kim Tran C South-Western Sydney Breach of statutory warranty Fine $3,000 Glenn William Lawrence t/as AEL Property Services No fixed address Unlicensed contracting of residential building work; Unlicensed contracting of specialist work; Represent unlicensed person is prepared to do residential building work; Unlicensed residential building work; Unlicensed specialist work (Electrician) Do electrical wiring work when unqualified; Do residential building work w/o insurance; Convicted. Fines and costs. $13,031 Interbau Pty Ltd C Roseville Contravene conditions of an authority - Corporation; Section 10(1)(a) - offence proven, no conviction recorded and Convicted, Fine Demand/receive payment for residential building work without having insurance - and costs. Corporation. $1,000 Luke Garry Faucett Unlicensed contracting of residential building work; Contract for excessive deposit; Falsely represent a person (a partnership or corporation) is the holder of a contractors licence; Fail to insure contract work; Convicted. Fines and costs. $11,957 Charbel Khoury North Strathfield Do electrical wiring work when unqualified. Section 9 Good Behaviour Bond for 2 years and strictly comply with the terms of the Enforceable Undertaking. Ausroofing Pty Ltd Chiswick Unlicensed contracting of residential building work; Demand/receive payment before residential work commenced. Convicted. Fines and costs. $40,174 Darren Wayne Rudkin Unlicensed contracting of residential building work; Unlicensed contracting of specialist work; Demand/receive payment before residential work commenced. Convicted. Fines and costs. Section 9 Good Behaviour Bond for 2 years. $2,348 Fiona Healy Chiswick Unlicensed contracting of residential building work; Unlicensed contracting of specialist work; Demand/receive payment before residential work commenced. Sergio Robert Albert Manca t/as Creative Tiling R86200 Ashbury Unlicensed contracting of specialist work; Fail to comply with requirements of written contract; Fail to insure contract work; Convicted. Fines and costs. Section 9 Good Behaviour Bond for 2 years. $2,348 Convicted. Fines and costs $5,082

4 Nathan Jerome Coupe Port Kembla Unlicensed contracting of residential building work; Represent person is prepared to do residential building work whilst unlicensed; Unlicensed residential building work; Falsely represent a person (a partnership or corporation) is the holder of a contractors licence; Falsely represent a person (a partnership or corporation) is the holder of a contractor licence; Demand/receive payment for building w/o having insurance; Do residential work w/o certificate of insurance. Convicted. Fines and costs $28,031 Stanley Asbjorn Prytz Darby Falls Represent person is prepared to do residential building work whilst unlicensed; Falsely represent a person (a partnership or corporation) is the holder of a contractor licence. Convicted. Fines and costs $904 Andrew Lee Pedzik C expired Rooty Hill Fail to insure contract work; Convicted. Fines and costs and 300 hours of community service to be served concurrently. $587 Andrew Lee Pedzik C expired Rooty Hill Consent Injunction against the defendant from making false representations Consent injunction granted. about holding a valid authority to do, contract for, or receive payment for residential building work or specialist work for a period of 2 years. Total prosecutions $121,962 Penalty Notices (Under the Act) Home Building Act Defendants: 48 Offences: 91 $96,250 Penalty Notices (Under the Regulation) Home Building Regulation Defendants: Offences: Total civil penalties Total Home Building Act Penalties $218,212 Motor Dealers Act and Regulation Christopher Andrew Gilbert Turramurra Odometer interference Convicted. Fines; consumer compensation and costs $83,837 Auto Motiv Auto Traders Pty Ltd MD Liverpool Fail to attach prescribed notice; Fail to sign/deliver prescribed notice: Not retain copies of data processed notices as required. Convicted. Fines and costs $3,616 Bilal El Dannaoui Berala Odometer interference Offence proven, no conviction recorded. Section 10(1)(b) - Good Behaviour Bond for 2 years. State Wide Auto Traders Pty Ltd t/as State Wide Auto Traders Pty Ltd MD Sylvania Offer/display vehicle for sale not at specified place of business; Fail to attach prescribed notice; Fail to sign/deliver prescribed notice; Falsely state or represent year of manufacture of motor vehicle. Offence proven, no conviction recorded. Section 10(1)(b) - Good Behaviour Bond for 12 months. Convicted. Fine and costs. $3,913 Son Giang Tran Nguyen Odometer interference; Convicted. Fine and costs. Section 10A Convicted with no other penalty. $1,587 Unlicensed motor dealing. Vanessa Bakhos Guildford While disqualified, person must not manage,conduct business. Convicted. Fine and costs. $882 Nader Soliman t/as Prestige Australian Fleet Pty Ltd MD (suspended) Burwood Unlicensed motor dealing; Fail to maintain register in the prescribed form; False or misleading entry in register, notice or document; Fail to produce record/statement. Convicted. Fines and costs $11,696 Prestige Australian Fleet Pty Ltd MD (suspended) Burwood Unlicensed motor dealing; Fail to sign/deliver prescribed notice; Fail to supply certificate of inspection. Convicted. Fines and costs $4,185 Car Buying Solutions Pty Ltd MD (Cancelled) Thornleigh Review of decision to permanently cancel and disqualify licence. Decision set aside by consent

5 Anton Swampillai Thornleigh Review of decision to cancel and disqualify licence for 2 years. Decision varied by consent, disqualified 1 year Janice Separa Thornleigh Review of decision to cancel and disqualify licence for 4 years. Decision varied by consent, disqualified 2 years Car Buying Solutions Pty Ltd Thornleigh Fitness & propriety issues On 31 March 2015, the NSW Civil and Administrative Tribunal affirmed the original delegate's decision of 18 September 2014 cancelling the licence and set aside the original delegate's decision to permanently disqualify Car Buying Solutions Pty Ltd from holding a licence or from being involved in the direction, management and conduct of the business of a licensee. Anton Swampillai Thornleigh Fitness & propriety issues On 31 March 2015, the NSW Civil and Administrative Tribunal varied the original delegate's decision of 18 September 2014: disqualified from holding a licence and from being involved in the direction, management and conduct of the business of a licensee for a period of 1 year. Janice Separa Thornleigh Fitness & propriety issues On 31 March 2015, the NSW Civil and Administrative Tribunal varied the original delegate's decision of 18 September 2014: disqualified from holding a licence and from being involved in the direction, management and conduct of the business of a licensee for a period of 2 years. Total prosecutions $109,716 Penalty Notices (Under the Act) Motor Dealers Act Defendants: 7 Offences: 12 $19,470 Penalty Notices (Under the Regulation) Motor Dealers Regulation Defendants: 2 Offences: 3 $1,430 Total Motor Dealers Act and Regulation Penalties $130,616 Motor Vehicle Repairs Act Richard Baldacchino Kingswood Fitness & propriety issues On 6 February 2015, cancelled the licence and disqualified Richard Baldacchino from holding a licence or from being concerned in the direction, management or conduct of a buiness for the carrying on of which a licence is required for a period of 5 years. Total prosecutions Penalty Notices (Under the Act) Motor Vehicle Repairs Act Defendants: 1 Offences: 1 $5,500 Penalty Notices (Under the Regulation) Motor Vehicle Repairers Regulation Defendants: 1 Offences: 1 $330 Total Motor Vehicle Repairs Act Penalties $5,830 Pawnbrokers and Second-hand Dealers Act Captain Cash Pty Ltd 2PS10378, 2PS10345, Campsie, Fairfield, Mascot, Sydney, Breaches of the Act On 9 February 2015, imposed conditions on the licence, Condition 1 by 31 2PS10356, 2PS10367, 2PS10334 and 2PS12743 Granville and Merrylands March 2015, Captain Cash Pty Ltd is required to have policies and procedures implemented for the business to ensure compliance under the Act and Regulation, Condition 2 to nominate a suitable Operations Manager and Store Manager's acceptable to Fair Trading for each trading premises of the business; Conditions 3 - compliance with the above conditions is a condition for renewal of licence numbers 2PS10378, 2PS10345, 2PS10356, 2PS10367, 2PS10334 and 2PS Total prosecutions $11,660 Penalty Notices (Under the Act) Defendants: 1 Offences: 1 $330 Penalty Notices (Under the Regulation) Defendants: Offences: Total Pawnbrokers and Second-hand Dealers Act Penalties $330

6 Property, Stock and Business Agents Act Glenn George Farah Coogee Disciplinary - Cancel and disqualify from holding a real estate agents licence for a period of 9 years. Anthony Donald Evans Paul (Cancelled) Wagga Wagga Disciplinary - Cancel and disqualify from holding a certificate of registration for a period of 9 years. Remitted for reconsideration. Application withdrawn. Harry Londy Glebe Fitness & propriety issues On 30 January 2015, fined Harry Londy $11,000. $11,000 Cardoma Pty Ltd Lakemba Fitness & propriety issues On 9 February 2015, cancelled the licence and permanently disqualified Cardoma Pty Ltd from holding a licence and permanently disqualified from being involved in the direction, management and conduct of the business of a licensee. James William Mihelakis Strathfield Fitness & propriety issues On 9 February 2015, cancelled the licence, disqualified James William Mihelakis from holding a licence or certficate for a period of 12 years and disqualified from being involved in the direction, management and conduct of the business of a licensee for a period of 12 years and directed James William Mihelakis to pay the sum of $1,660, into the Property Services Compensation Fund within 28 days. Krissoula Karaberas Strathfield Fitness & propriety issues On 9 February 2015, cancelled the certificate of registration and disqualified Krissoula Karaberas from holding a licence or certficate for a period of 8 years and disqualified from being involved in the direction, management and conduct of the business of a licensee for a period of 8 years. Total prosecutions $11,000 Penalty Notices (Under the Act) Property, Stock and Business Agents Act Defendants: 37 Offences: 39 $37,950 Penalty Notices (Under the Regulation) Property, Stock and Business Agents Regulation Defendants: 4 Offences: 4 $4,400 Total Property, Stock and Business Agents Act Penalties $42,350 Total Enforcement Actions Total All penalties from all acts and regulations $468,428 Total All Civil penalties from all acts and regulations Total Enforcement Actions $445,768 State of New South Wales through NSW Fair Trading, 2015 The information provided is correct as at the date of this report. Any matter might be subject to a change resulting from an appeal or application for review. Current information may be obtained by contacting Fair Trading or accessing the public register where relevant.