Landscaper faces court after not doing work he was paid for

A north Brisbane landscaper who took hefty deposits for work he never did has been fined more than $20,000 in court.

A Kallangur landscaper has been ordered to pay $21,348 following charges by the Office of Fair Trading for breaches of the Australian Consumer Law (ACL).

Luke William Reeves was fined $12,000 in Brisbane Magistrates court for accepting payment for landscaping and fencing but failing to complete the work within a reasonable time.

He was also ordered to pay a total of $9,245 in compensation to two customers. No conviction was recorded.

The court heard that between October 2019 and December 2019, Reeves accepted deposits from two neighbouring customers for landscape work and the installation of a fence and side gate.

One customer accepted a quote of $8,368.25 and paid an initial deposit of $4,000.

According to the Office of Fair Trading, a second $4,000 payment was requested by Reeves before he agreed on a start date, taking the total paid by this consumer to $8,000.

Despite receiving most of the quoted fee Reeves failed to show up to do the job.

Reeves rescheduled the work on a number of occasions but after repeatedly failing to appear the customer demanded a refund.

In March 2020, according to the Office of Fair Trading, Reeves offered to return the money in weekly installments of $125 but paid only one installment.

The second customer accepted a quote of $3,950 and paid a deposit of $1,495.

Reeves this time failed to appear on the agreed start date and rescheduled the work a number of times.

The office said he did eventually go to the premises and marked out the worksite however he failed to return.

When the customer sought a refund of their deposit he offered to repay the consumer in weekly installments but again only one payment.

Magistrate Robbie Davies remarked on the significant dishonesty involved in this matter, with money taken for jobs but the work not performed and promises made to refund the consumers but with only one payment made to them.

Fair Trading Executive Director Brian Bauer said traders had obligations to consumers under the ACL.

“The ACL states that traders must not accept payments for products or services if they are not able to supply them,” Mr Bauer said.

“In this instance two consumers each paid a significant deposit expecting to receive a service that never materialised.

“If a trader accepts money from a consumer and fails to supply the goods or services within the specified time frame, or if no time is specified then a reasonable time frame, the OFT will investigate.”