Plumber Matt Neal fights Whitsunday council in court over fine

A regional Qld council warned an experienced plumber fighting a fine he could be liable for $34,000, but ended up paying more itself.

Whitsundays licensed plumber and gas fitter Matt Neal took the council to court over what he says was a wrongly issued penalty infringement notice. Picture: Contributed

A regional Queensland council has racked up $35,507 in court costs after it accused a tradie of doing works without a permit.

Licensed plumber and gas fitter Matt Neal said he is glad he won his fight against Whitsunday Regional Council but it was a “hollow victory”, costing him more than $10,000 in lost income.

The council fined Mr Neal $2757 on April, 12 2022 for allegedly undertaking plumbing work in March to a new Airlie Beach restaurant without a permit.

But when Mr Neal advised he would dispute the matter in court, the council engaged McKays Solicitors.

From a $2757 fine to $34,462

The firm then wrote to Mr Neal telling him he “could instead be liable” for a fine up to $34,462 plus legal costs as the council wished to prosecute against him and it “considers they have good prospects”.

“Before the council instructs us to take this step and incurs substantial costs of court action (which it will ultimately seek to recover from you) and noting the much greater fine you could be exposed to, we wanted to give you one more opportunity in order to pay the $2757 fine to council and withdraw your election to have the matter proceed to court,” McKays Solicitors wrote, adding Mr Neal had seven days to pay.

McKays Solicitors sent a letter to Whitsundays plumber Matt Neal advising him that the council intended to prosecute him in court. Picture: Contributed

Mr Neal said he made no changes to the plumbing layout until after receiving the permit, which was eventually proven after a five-day court hearing in late 2023.

‘I wasn’t going to be pushed around’

“I wasn’t going to be pushed around,” the licensed plumber of 34 years said.

“I don’t know what they (the council) was trying to prove, they were just trying to crush me when all I was doing was exercising my right to defend myself.

“I actually said this in court … ‘there’s nothing stopping them from doing this to me again tomorrow or to any other hardworking tradesman’.”

Whitsundays licensed plumber and gas fitter Matt Neal took the council to court over what he says was a wrongly issued penalty infringement notice. Picture: Contributed

Former WRC mayor Rogin Taylor, during a recent meeting, asked the council why it had not paid Mr Neal’s invoice for $10,539.75 to cover his “out of pocket expenses” and “loss of income”.

Council won’t cover plumber’s court costs

Council documents reveal WRC CEO Warren Bunker wrote back to Mr Taylor advising him council would not pay “given there is no legal basis for the claim”.

WRC Regional Strategy and Planning director Neil McGaffin said the fine was issued to Mr Neal in accordance with the State Penalty Enforcement Regulations 2014.

“Council has a regulatory requirement to receive, assess, and investigate plumbing and drainage matters throughout the region,” Mr McGaffin said.

“In this instance, council believed an offence of undertaking plumbing work without the necessary approval had been committed.”

Mr McGaffin said the Magistrate had discretion to change the ultimate penalty amount and the council had not apologised to Mr Neal as the “matter was dealt as due process” through the court.

“Council appeared in Proserpine Magistrates Court more often than anticipated as Mr Neal requested the matter be adjourned on several occasions,” Mr McGaffin said.

Originally published as Plumber Matt Neal fights Whitsunday council in court over fine