Dreamtime Pools saga: Doug Constable and company must pay $148k after court judgement

The owner of a failed pool company must pay a supplier a six-figure sum over unpaid invoices, while another lawsuit is set to go to trial in 2024.

Dreamtime Pools collapse has left more than 130 creditors in the lurch to the tune of around $2.2m.

The owner of an embattled pool company must pay back more than $148,000 after a County Court civil judgement against himself and one of his companies.

Pools & Spas Pty Ltd, which traded as Dreamtime Pools, went underwater in June, leaving more than 130 customers, suppliers, contractors and employees out of pocket for more than $2.2m.

In September a liquidator’s report revealed the company had likely been insolvent since June 2021.

It’s owner, Doug Constable, blamed “faulty products” as one reason for the collapse, and according to customers, switched suppliers midway through projects.

The Geelong Advertiser revealed in October that Mr Constable was facing two lawsuits from suppliers, Summertime Pools and Fluidra, over unpaid invoices.

Both lawsuits also include companies run by Mr Constable that have traded as Dreamtime Pools, but are not in liquidation.

On October 16, the County Court handed down a default judgement against Mr Constable, after he failed to appear at two consecutive administrative hearings or lodge a defence.

Mr Constable must personally pay the director of Summertime Pools the sum of $108,427.21, including interest.
Dreamtime Pools & Spas Pty Ltd, which in September changed its name to Boroondara Developments Pty Ltd, must pay $35,306.98 including interest.

Court costs of $4850.20 have also been lumped on Mr Constable and Dreamtime Pools.

According to court documents seen by the Geelong Advertiser, Summertime Pools’ writ, filed in July, makes two allegations – that Mr Constable personally entered into a loan agreement with Summertime Pools and that Dreamtime Pools & Spas Pty Ltd owe a smaller amount for failing to pay for a specific shipment.

In March 2022, Mr Constable was loaned more than $141,000 to pay back on a plan, which included a lump sum of $30,000 followed by weekly payments.

For several months Mr Constable made weekly payments to pay off his debt, however payments ceased after June 3, 2022.

The judgement means Mr Constable must pay back the full amount left owing.

A second lawsuit, filed by Spanish pool manufacturer Fluidra’s Australian branch in April, is set to be contested at trial by Mr Constable.

The lawsuit, filed almost two months before Pools & Spas Pty Ltd went into liquidation, claims Mr Constable and another one of his companies, Pool Brokers (Australia) Pty Ltd, owe Fluidra $170,909.66 for 32 orders made by Dreamtime Pools between December 10, 2021 and March 11, 2022.

According to court documents seen by this masthead, Mr Constable is alleged to have personally guaranteed payment, and that a “binding contractual agreement came into existence”.

“The Plaintiff (Fluidra) relies on the written terms of the Agreement and the Guarantee for their full force and effect,” court documents said.

Unlike the case of Summertime Pools, Mr Constable is set to contest the lawsuit and a trial is set for July 2024.

DSA Law, acting for Mr Constable, entered a defence on July 10 wherein Mr Constable “denies he is indebted to the Plaintiff for the sum alleged or at all”.

Mr Constable admits Fluidra made demands for payment until mid-December 2022, and that “the Defendants have failed to pay the sum... but does not admit he is indebted”.

Mr Constable denies entering into a personal guarantee, and “subject to the production of the Guarantee and reference to its full terms and effect at trial, he does not admits (sic) the allegations”.

Originally published as Dreamtime Pools saga: Doug Constable and company must pay $148k after court judgement