A Perth landscaper who took upfront deposits but failed to complete the work for reticulation, gardening and turf jobs has been ordered to pay $16,473 in fines and costs by the Perth Magistrate's Court.
- Perth landscaper fined for wrongly accepting payment and failing to do the work
- Ordered to pay more than $16,000 in fines and costs
- Evan John Fowler took deposits from three clients totalling nearly $4,000
A Perth landscaper who took upfront deposits but failed to complete the work for reticulation, gardening and turf jobs has been ordered to pay $16,473 in fines and costs by the Perth Magistrate's Court.
Evan John Fowler pleaded guilty to three charges under the Australian Consumer Law of 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.
In November 2022, a consumer engaged Mr Fowler to carry out landscaping works at their Banksia Grove property, including cleaning up garden beds and replacing artificial turf. After paying an upfront deposit of $700 for a $1,000 job, Mr Fowler only sprayed the weeds in the garden beds. The work was not completed despite the consumer making repeated attempts to contact Mr Fowler over a three-month period.
Around the same time, Mr Fowler quoted $3,500 to install reticulation at a Belmont property and accepted a $1,750 deposit. Even though the consumer followed up over several months, no work was carried out.
Another charge related to Mr Fowler taking a $1,500 deposit for a $3,300 job in January 2023 to supply and install turf and reticulation. Mr Fowler dug out half a wheelbarrow of sand at the Ascot property and then left, claiming he needed to get a bobcat. Mr Fowler never returned to complete the work.
During sentencing, Magistrate Randazzo noted that Mr Fowler had still not refunded his clients and that he only claimed to be prepared to do so in the hope of a better outcome for himself in sentencing. His prior criminal record, including offences involving dishonesty, meant Mr Fowler could not receive the benefit of a claim to have had prior good character.
Commissioner for Consumer Protection Trish Blake said Mr Fowler had caused harm to vulnerable consumers and other traders.
"The amounts Mr Fowler took are significant in the household budgets of consumers," Ms Blake said.
"The harm extends beyond the financial loss, including the delay and inconvenience and the lost opportunity for honest traders to do the work.
"Mr Fowler disregarded the consumer rights of his clients by demanding substantial deposits and failing to do the work, all the while avoiding contact when they tried to follow up."
Ms Blake urged consumers to only pay a small deposit or negotiate progress payments for bigger 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."
Consumers who pay deposits to tradespeople but have trouble getting the work completed, can lodge a complaint on the LGIRS Consumer Protection website
