JM Nicholas Contractor Services Pty Ltd and David Dick - Court action

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Date
29 September 2010
Category
Court actions

A Ringwood building company and its director have been convicted, fined a total of $20,000 and ordered to repay more than $10,000 compensation to a customer over incomplete and defective home renovations.

JM Nicholas Contractor Services Pty Ltd and director David Dick each pleaded guilty in Melbourne Magistrate’s Court on 29 September to five criminal charges.

They admitted to three breaches of the Domestic Building Contracts Act 1995, including operating as an unregistered builder, and two breaches of the Fair Trading Act 1999, including making a false, misleading or deceptive representation.

The builder accepted six payments on the renovations, including a new kitchen and new bathroom. But the court found the company and Mr Dick:

  • did not complete the work 
  • used contracts that did not comply with Victorian building laws 
  • misled the homeowner about being a registered builder 
  • took a deposit in excess of the statutory maximum 
  • failed to complete the works in reasonable time. 

The company was fined $12,500 and Mr Dick was fined $7,500, with costs of $800 each. Mr Dick, who was knowingly involved in the company’s breaches, was ordered to repay $10,120 to a customer.

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