- Tree lopper and fencer fined $16,000 for accepting deposits without doing work
- Ordered to compensate customers in Middle Swan, Quinns Rocks and Armadale
- Repeat offender who was prosecuted by Consumer Protection previously
A Seville Grove tradesman who took upfront deposits for tree lopping and fencing jobs but failed to complete the work has been ordered to pay $23,400 in fines and compensation by the Perth Magistrate’s Court.
Siuosavaii Sam Maiava pleaded guilty to three charges under the Australian Consumer Law of wrongfully accepting payment and failing to supply the services in a reasonable time. Mr Maiava was ordered to pay a $16,000 fine, $7,400 in compensation to three consumers and $1,211.70 in costs.
Two of the jobs were to undertake tree-lopping and pruning work for consumers in Middle Swan and Quinns Rocks, where Mr Maiava collected deposits before revising the initial quotes and demanding more money. He then failed to complete the contracted work or return the clients’ deposits.
Another charge related to a deposit taken for a Colorbond fence, lattice and gate at an Armadale property, but Mr Maiava neither did the work nor provided a refund.
It is the second time Consumer Protection has prosecuted Mr Maiava for similar offences, after he and his company were fined $3,000 in October 2019 for taking upfront payment for a tree lopping job in Mariginiup that was never completed.
During sentencing, Magistrate Coleman noted that consumers have a right to rely on the promises made by tradespeople, especially in the tree lopping industry, where a minority of unscrupulous operators prey on vulnerable individuals.
Commissioner for Consumer Protection Trish Blake was disappointed Mr Maiava had failed to learn his lesson after the initial prosecution.
“While the majority of tradies do the right thing, the Australian Consumer Law protects consumers from the ones, like Mr Maiava, who don’t,” Ms Blake said.
“Mr Maiava disregarded the consumer rights of his clients by demanding substantial deposits and failing to do the work, all the while avoiding contact or making up excuses when they tried to follow up.
“We want consumers to know that if a tradesperson increases a quoted price after accepting a deposit and before providing the service, they are entitled to a full refund and are under no obligation to proceed.
“To avoid being left high and dry if a tradie doesn’t do the job, we always recommend paying a small deposit of around 10 per cent. For bigger jobs, try to agree on payments as the work gets done, so you’re not paying for everything upfront.
“For added security, consider paying by credit card, which offers the advantage of a chargeback if the goods or services aren’t provided as agreed.”
Consumers who have issues with tradespeople taking deposits and then failing to begin or complete the work can contact Consumer Protection by email consumer@demirs.wa.gov.au or by calling 1300 30 40 54.
Media Contact: cpmedia@demirs.wa.gov.au