NewsBite

Michael Frederick Jan Doevendan in court for ripping off customers

The owner of a landscaping business took tens of thousands of dollars from customers in Brisbane and on the Fraser Coast.

What happens when you are charged with a crime?

A landscaper who took tens of thousands of dollars from clients without completing the work he’d been paid to do - leaving one property in a dangerous state - has been ordered to pay compensation to the customers he ripped off.

Michael Frederick Jan Doevendans, operator of Micks Retaining Walls & Maintenance, pleaded guilty to three counts of breaching the Australian Consumer Law after failing to supply goods and services when he faced Hervey Bay Magistrates Court, the Office of Fair Trading has said in a statement on its website.

It said that between October 2020 and November 2021, Doevendans accepted payments from several consumers totalling more than $63,000, for the removal and construction of retaining walls and fencing on properties in Brisbane and Hervey Bay.

Consumers paid large deposits to Doevendans after being promised that the work would commence and be completed within a few days.

But Doevendans did not complete the jobs, stringing some consumers along for months, claiming to have supplier issues.

Consumers paid large deposits to Mr Doevendans after being promised that the work would commence and be completed within a few days.
Consumers paid large deposits to Mr Doevendans after being promised that the work would commence and be completed within a few days.

One consumer paid a $15,000 deposit to have existing retaining walls removed and replaced.

Doevendans began work but later threatened the consumer, demanding more money for the removal of rock and dirt, or he would leave it in the consumer’s driveway.

The consumer paid another $10,000, but Doevendans never returned to finish the job, leaving the property in a dangerous state.

Doevendans refused to refund customers, stating they were simply “changing their minds” about the services.

However, after waiting months for rescheduled start dates the consumers still had not received the services or a refund.

In sentencing, Magistrate Trinity McGarvie noted the serious and dishonest conduct over a nine-month period and the need to ensure that the community was aware of the dishonesty.

Doevendans was fined $5500 and ordered to pay $25,000 in compensation to affected consumers.

A conviction was recorded.

Commissioner for Fair Trading Victoria Thomson said traders risked lowering consumers’ confidence in the marketplace when they failed to supply goods or services that had been paid for.

“Under the Australian Consumer Law, businesses must not accept payment for products or services if they are not able to supply them,” Ms Thomson said.

“It is important for traders to understand, and abide by, their legal obligations.”

Original URL: https://www.couriermail.com.au/news/queensland/fraser-coast/michael-frederick-jan-doevendan-in-court-for-ripping-off-customers/news-story/a22096391ce4c5bf8edad94462112114