DRK Fencing Pty Ltd and Daniel Kokken - Court action

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27 May 2016
Court actions

A company and its director have each been fined $2,500, the company convicted, and the director required to refund deposits of almost $9,000 to two clients, after they failed to meet their duties under Victorian building and consumer laws. 

DRK Fencing Pty Ltd (ACN: 150 458 334) and its director Daniel Kokken, 30, of Hampton, pleaded guilty to all charges against them at a hearing at the Moorabbin Magistrates’ Court. The charges related to: 

  • charging and receiving excessive deposits 
  • entering into a major domestic building contract as  unregistered builders
  • providing a non-compliant contract
  • accepting payment without supplying goods or services in a reasonable time. 

Mr Kokken and the company charged two clients deposits of 50 per cent and 51 per cent respectively, well above the 10 per cent allowed under Victorian law (for projects costing less than $20,000). There were significant delays in commencing both projects, and the works were never completed. 

Mr Kokken was ordered to repay the respective deposits - $2792.72 and $6,100 – to each client. DRK Fencing and Mr Kokken were also ordered to pay costs of $703.76. 

You can search for a registered builder on the Victorian Building Authority website