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Deceitful Perth landscaper duo slugged $19k over incomplete work
A duo who took three upfront deposits for landscaping tasks but did not complete the work have been ordered to pay $19,618.32 in fines and compensation.
Appearing at the Perth Magistrates Court, Kylie Sommer and Scott Sommer pleaded guilty to three charges under the Australian Consumer Law, including wrongfully accepting payment and failing to supply the services in a reasonable time.
The prosecution marked the second time the northern suburbs pair came under fire, after having previously been fined $12,000 in March 2019 for similar offences.
In July 2022, a consumer engaged Scott Sommer to carry out paving and concreting works at their Duncraig property.
After receiving an upfront deposit of $3,397 for a $6,699 job, Sommer informed the client of a five-week waiting time for materials to be manufactured.
Later, Kylie Sommer sent the consumer an amended quote for an additional $802, which was immediately paid
Despite receiving the funds, the duo did not complete the work, and the customer was not refunded.
Around the same time, Scott Sommer quoted $5,307 for landscaping and brick paving works at a property in Padbury.
While a $3,608 deposit was accepted by Kylie Sommer, and the consumer followed up over several months, no work was carried out.
In a third case in August 2022, Kylie Sommer took a $2,010 deposit for a $3,410 job for landscaping and paving work, but the goods and services were not delivered to the consumer at their West Perth property.
The pair have each been ordered to pay a $5,400 fine, $904.15 in court costs and collectively $8,818 compensation to the three affected consumers.
During sentencing, Magistrate Andrew Maughan said that while Kylie Sommer was experiencing financial stress, there was no excuse for causing someone else hardship.
Commissioner for Consumer Protection, Trish Blake, said the duo had caused harm to vulnerable consumers by disregarding their rights
“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,” she said.
Blake also encouraged consumers to pay only a small deposit, negotiate progress payments for larger jobs, and use a credit card for extra 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,” she concluded.
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