Shonky trader: Wens Bros Trading Pty Ltd and Wen Hui Xu fined for selling unsafe and banned items
A judge has thrown the book at a shonky trader who repeatedly sold banned and unsafe products to unknowing customers saying the risk of injury to children was ‘real’.
South East
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A shonky trader who repeatedly and knowingly peddled banned and unsafe products to customers has been slapped with a $430,000 fine.
Consumer Affairs Victoria’s drawn out legal stoush with Wens Bros Trading Pty Ltd and its sole director Wen Hui Xu has concluded in the Federal Court of Australia.
Serial offender Xu was warned by Consumer Affairs officers several times not to sell the unsafe and banned products at his Hallam store or Clayton wholesale warehouse but he continued.
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The nasty items he sold to unsuspecting families included a candle holder which was combustible when subjected to flame or heat from the singing candle that accompanied it.
Xu also sold permanently banned “yoyo water balls” which had a stretchable cord that posed a strangulation hazard.
He also sold a “baby amusement pool” complete with elastic luggage straps that can cause serious eye, facial and chest injuries if stretched beyond capacity.
The company also sold hot water bottles which could burst if filled too much.
Consumer Affairs inspectors seized more than 20,000 potentially dangerous items from Xu’s warehouse and retail stores.
The products were on sale between January 2015 and June 2017.
In 2009, Xu got off with a good behaviour bond after he was caught selling the same dodgy hot water bottles and yoyo balls.
Honourable Justice Debra Mortimer said she had no choice but to make an example out of Xu.
“Not only did Mr Xu not alter the way he operated his business after this interaction with CAV, he continued to sell many of the very same products,” she said.
“In my view he simply was prepared to take a risk of not being caught again.
“The respondents are no different to many retailers and wholesalers who import relatively cheap products manufactured overseas, aimed at consumers who do not wish to spend very much.
“It may be easy to overlook how a $2 doll with a battery in it poses a risk to a small child of choking, or swallowing a battery. However those risks are very real.”
She ordered Wens Bros Trading Pty Ltd pay $225,000 and Wu pay $190,000 plus $15,000 to cover Consumer Affairs’ costs.
Xu told officers he would declare bankruptcy if Consumer Affairs prosecuted him.
The Clayton warehouse still operates but it’s understood the Hallam premises is on the market.
Consumer Affairs minister Marlene Kairouz said the penalty sent a “clear message”.
“Businesses and their directors will have to pay up if they are found to be selling products that do not meet safety standards,” she said.
“Because of this action, more than 20,000 unsafe products have been taken off the shelves, keeping Victorian consumers from possible harm.”
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