Login
$16k fail: Perth landscaper soils his reputation with unfinished work
A landscaper in Perth has been ordered to pay $16,473 in fines and costs after taking three upfront deposits for reticulation, gardening, and turf jobs but failing to complete the work.
Appearing at the Perth Magistrate’s Court, Evan John Fowler pleaded guilty to three charges under the Australian Consumer Law, including wrongly accepting payment and failing to supply the services in a reasonable time.
He was fined $15,000 and ordered to pay $1,473 in court costs for three separate cases.
In November 2022, a home owner engaged Fowler to carry out landscaping works at their Banksia Grove property, including cleaning up garden beds and replacing artificial turf, according to Consumer Protection Western Australia (WA).
After receiving an upfront deposit of $700 for a $1,000 job, Fowler only sprayed the weeds in the garden bed, leaving the work incomplete despite the property owner’s repeated attempts to contact Fowler.
Around the same time, Fowler quoted $3,500 to install reticulation at a Belmont property and accepted a $1,750 deposit, but no work was carried out despite the home owner following up over several months.
Additionally, a third case in January 2023 involved Fowler taking a $1,500 deposit for a $3,300 job to supply and install turf and reticulation.
Consumer Protection WA said Fowler dug out half a wheelbarrow of sand at the Ascot property, then left, claiming he needed to get a bobcat, but never returned to finish the work.
Magistrate Joe Randazzo said that, due to Fowler’s criminal record, including offences involving dishonesty, he was unable to receive the benefit of a claim to have had prior good character.
Randazzo also said Fowler had still not refunded the clients and that he only claimed to be prepared to do so in the hopes of achieving a better sentencing outcome.
Commissioner for Consumer Protection Trish Blake said the amounts Fowler took were significant to household budgets.
“The harm extends beyond the financial loss, including the delay and inconvenience and the lost opportunity for honest traders to do the work,” she said.
Blake said Fowler disregarded consumer rights by demanding substantial deposits and failing to do the work, while avoiding contact when they tried to follow up.
To avoid losing substantial amounts of money, Blake encouraged consumers to pay only a small deposit or negotiate progress payments for larger jobs.
“Nobody should feel pressured to pay large deposits upfront,” she said.
“For added security, consider paying by credit card, which offers the advantage of a chargeback if the services aren’t provided as agreed,” Blake concluded.