• Perth landscapers fined for accepting three deposits and failing to deliver
• Two people ordered to pay more than $19,000 in fines and compensation
• Pair had previously been convicted for similar conduct
A northern suburbs man and woman who took upfront deposits for landscaping jobs but failed to complete the work, have been ordered to pay $19,618.32 in fines and compensation by the Perth Magistrates Court.
Kylie Sommer and Scott Sommer pleaded guilty to three charges under the Australian Consumer Law of wrongfully accepting payment and failing to supply the services in a reasonable time. This is the second time Consumer Protection has prosecuted the duo, who were fined $12,000 collectively in March 2019 for similar offences.
In the latest prosecution, Mr and Mrs Sommer were each ordered to pay a $5,400 fine, $904.15 in court costs and collectively ordered to pay $8,818 compensation to three affected consumers.
In July 2022, a consumer engaged Mr Sommer to carry out paving and concreting works at their Duncraig property. After paying an upfront deposit of $3,397 for a $6,699 job, Mr Sommer informed the consumer of a 5-week waiting time for materials to be manufactured.
Mrs Sommer later sent the consumer an amended quote for an additional $802 which the consumer paid. The work was not completed, and the consumer did not receive a refund.
Around the same time, Mr Sommer quoted $5,307 for landscaping and brick paving works at a Padbury property. A deposit of $3,608 was accepted by Mrs Sommer. Even though the consumer followed up with both over several months, no work was carried out.
A third charge related to Mrs Sommer taking a $2,010 deposit for a $3,410 job in August 2022 for landscaping and paving works. The goods and services were never supplied to the consumer at their West Perth property.
During sentencing, Magistrate Maughan noted that while Mrs Sommer had her own financial troubles, this was no excuse for causing someone else financial hardship. He also noted that the pair had been convicted of similar offences in 2019.
Commissioner for Consumer Protection Trish Blake said Mr and Mrs Sommer had caused harm to vulnerable consumers and other traders.
“Mr and Mrs Sommer disregarded the consumer rights of their clients by taking deposits, and failing to deliver on the promised work,” Ms Blake said.
“The harm extends beyond the financial loss, it causes a delay and inconvenience for those consumers, and it harms legitimate traders that do the work.”
Ms Blake urged consumers to only pay a small deposit or negotiate progress payments for bigger jobs and use a credit card for added security.
“Paying by credit card can be a good option, as it offers extra protection by allowing consumers to apply for a chargeback from their respective financial institution, if the goods or services are not provided.”
Consumers who pay deposits to tradespeople but have trouble getting the work completed, can lodge a complaint on the Consumer Protection website. For enquiries, email consumer@lgirs.wa.gov.au or call 1300 30 40 54.
Media Contact: cpmedia@lgirs.wa.gov.au