Melbourne Magistrates’ Court has ordered the director of a building company to pay $11,530 compensation to a customer for breaches of consumer and building laws.
In November 2011, the consumer paid $11,530 to Alandale Homes Pty Ltd (Alandale) after company director Alejandro Bejares agreed to submit a development application to build two townhouses at her Blackburn South property. However, the company never submitted the plans to the local council.
The court made declarations that Alandale had:
- breached the Domestic Building Contracts Act 1995 (DBCA) by entering into a major domestic building contract without having a director who was a registered builder
- entered into a major domestic building contract that did not comply with the DBCA
- contravened the Australian Consumer Law (Victoria) by accepting payment for building services and failing to provide them within a reasonable time.
Court-imposed injunctions restrict Mr Bejares or anyone acting on his behalf from:
- accepting payment for building services and not providing them within a reasonable time
- entering into a major domestic building contract unless registered
- entering into a major domestic building contract that does not comply with the DBCA.
The court ordered Mr Bejares to pay $11,530 compensation plus $4352 in legal costs.