Public Defender: Homeowner’s persistent pursuit of landscaper ends with arrest warrant being issued

MICHAEL Holmes has taught Public Defender a thing or two about just how far you can go for a refund. Don’t just get angry. Get your money back.

Michael Holmes paid a landscaper nearly $5000 and the landscaper did one day's work. Pict

DONÂ’T just get angry. Get your money back. Or avoid the situation in the first place.

Michael Holmes has taught Public Defender a thing or two about just how far you can go for a refund.

In May 2012, Mr Holmes agreed to pay nearly $7000 for landscaping at his northern Sydney home — 40 per cent up-front and 30 per cent after the first day’s work.

But after day one the landscaper never returned.

It turns out the landscaper did not have a licence. He has since been prosecuted by NSW Fair Trading over five complaints including Mr Holmes’. He was convicted of 15 offences and ordered to pay $21,000 in fines and $31,000 in compensation.

Mr Holmes has not received any compensation from the landscaper. “He’s just a robbing bastard,” Mr Holmes said.

There’s the anger. And here’s how he’s getting his money back.

Even before the Fair Trading action, Mr Holmes had begun his own pursuit through what is now known as the NSW Civil and Administrative Tribunal’s Commercial and Consumer Division.

In September 2012, it ruled that Mr Holmes be repaid $4800 within 14 days. That was ignored. So, late last year Mr Holmes sought an “examination notice” in the local court that was meant to force the landscaper to reveal to him details of his financial affairs with a view to a repayment plan. But the landscaper didn’t respond.

Mr Holmes then got an “examination order” for the landscaper to give that financial information to the court. He didn’t. That meant a warrant could be issued for the landscaper’s arrest.

I have spoken to the landscaper. He won’t tell me why he didn’t complete jobs.

Asked why he hadn’t paid compensation orders, he said he was “in the process”. But he also claimed to have attended all court matters. “He is lying,” Mr Holmes said.

Here’s hoping the latest action by Mr Holmes results in a refund from the landscaper, who will be unable to renew things like his driving licence until he complies.

It shows just how far consumers can go. If you don’t ever want to have to go that far heed the advice of Fair Trading Minister Stuart Ayres: “Always conduct online licence checks on the Fair Trading website before engaging any tradesperson to carry out home renovations.”

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