Sean Joseph Nelson – assurance

ASSURANCE

Fair Trading Act 1987 Section 79 and

ENFORCEABLE  UNDERTAKING

Australian Consumer Law (SA) Section 218

 

Assurance and Enforceable Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 79 of the Fair Trading Act 1987 and Section 218 of the Australian Consumer Law (SA) by:

Sean Joseph Nelson

  1. PERSONS GIVING THIS ASSURANCE & ENFORCEABLE  UNDERTAKING

1.1 This Assurance and Enforceable Undertaking is given to the Commissioner for Consumer Affairs by Sean Joseph Nelson of Paskeville in the State of South Australia for the purposes of s 79 of the Fair Trading Act 1987 and s 218 of the Australian Consumer Law (SA).

  1.  BACKGROUND

2.1 Sean Joseph Nelson is a natural person and has never held a building work contractor’s licence pursuant to section 6( 1) of Building Work Contractors Act.

2.2 In 2014, Mr Nelson was carrying on a landscaping business trading as “L&S Paving & Landscaping” and “ASL Landscaping Specialist”.

2.3 In January 2015, Mr Nelson contracted with Mr C Pham for the supply of landscaping services at his property at  Northgate for $13,000. The services included the construction of a  retaining wall and front pillar fence, installation of lawn, irrigated garden beds and Mr Pham paid the defendant a deposit of $6,500. Mr Nelson failed to supply any of the services.

2.4 In September 2015, Mr Nelson contracted with Mr M Bailie for the supply of landscaping services at his property at Woodville, including paving of 103 square metres and installation of a concrete crossover. Mr Bailie paid a deposit of $5280. Mr Bailie failed to supply all of the services.

2.5 As part of the agreed resolution of this matter, Mr Nelson has compensated Mr Pham $6,500 and Mr Bailie $5,280.

  1. CONDUCT OF CONCERN

3.1 As a result of the matters outlined above, the Commissioner for Consumer Affairs considers, and Mr Nelson admits, that Mr Nelson has breached the following provisions:

3.1.1 Carrying on business as a building work contractor without a licence contrary to s 6( 1) of the Building Work Contractor’s Act 1995, in that he contracted for building work (paving, fencing and construction of a retaining wall) whilst not being the holder of a building work contractor’s licence; and

3.1.2 Accepting payment for goods or services and failing to provide those goods or services within  a  reasonable  time  contrary  to  s  158(7)  of  the  Australian Consumer Law (SA) in that he took deposits from both Mr Pham and Mr Bailie for landscaping services but failed to supply those services within a reasonable time.

  1. COMMENCEMENT OF ASSURANCE & UNDERTAKING 

4.1 This assurance and undertaking comes into effect when:

4.1.1 the assurance & undertaking is executed by Sean Joseph Nelson; and

4.1.2 the Commissioner for Consumer Affairs accepts the assurance & undertaking so executed.

  1. ASSURANCE GIVEN FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987 

5.1 Sean Joseph Nelson hereby provides an assurance to the Commissioner that:

5.1.1 He will not carry on business as a building work contractor, perform building work or contract for building work unless authorised by licence under the Building Work Contractor’s Act 1995; and

5.1.2 He will not hold himself out as being entitled to carry on the business of a building work contractor unless he is authorised by licence under the Building Work Contractor’s Act 1995.

 

  1. UNDERTAKING GIVEN    FOR    THE    PURPOSES     OF    SECTION     218    OF    THE AUSTRALIAN CONSUMER LAW (SA) 

6.1 Sean Joseph Nelson hereby provides an Undertaking to the Commissioner that:

6.1.1 He will not, in trade or commerce, accept payment for goods or services and fail to provide those goods or services within a reasonable time.

  1. ACKNOWLEDGMENTS

Sean Joseph Nelson acknowledges that:

7.1 It is an offence to breach an Assurance under section 81 of the Fair Trading Act 1987.

7.2 CBS will make this Assurance  and  Undertaking  publicly  available  including  by publishing it on CBS’ public register of assurances and undertakings on its website,

7.3 CBS may,  from  time  to  time,  make  public  reference  to  the  assurance  and undertaking including in news media statements and in CBS publications,

7.4 This Assurance and Undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct

7.5 This Assurance and Undertaking may be produced to any Court in respect of any proceedings alleging any future contraventions of the Fair Trading Act 1987 or a related Act or the Australian Consumer Law (SA).

 

Signed public assurance (PDF151KB)