Kurtis Thiele - Court action

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Date
10 March 2011
Category
Court actions

An unregistered Lysterfield builder who performed shoddy driveway concreting and brick work at a home in Ferntree Gully has been fined $3000.

Kurtis Thiele, 37, also known as Kurtis Farraghar, pleaded guilty in the Melbourne Magistrates Court to seven charges under the Domestic Building Contracts Act 1995 and the Fair Trading Act 1999. He was ordered to pay $200 court costs.

Mr Thiele admitted:

  • entering into a major domestic building contract without being a registered builder
  • demanding and receiving an excessive deposit relative to the agreed contract price 
  • providing services and goods which were materially different to what was agreed 
  • failing to provide proper written form and content of contract
  • failing to provide receipts.

In February 2008, the consumer responded to Mr Thiele’s local newspaper advertisement for concreting work under the name “Unlimited Concrete”. The ad guaranteed to beat all quotes by 20 per cent.

Mr Thiele provided a written quote for $5430 to relocate the consumer’s driveway entrance and driveway. He requested a cash deposit of $2500 to start the job.

When the consumer questioned Mr Thiele about the quality of his work, he acknowledged it wasn’t up to scratch, but said a further $2395 was required to rectify the problem. When the job was completed, the consumer wasn’t happy with the overall quality of the work, or that it met the description Mr Thiele had promised, and requested he repair the work, which he hasn’t done.

The consumer had Mr Thiele’s shoddy work removed at her own expense and took the matter to the Victorian Civil and Administrative Tribunal (VCAT) for compensation. In June 2009, VCAT ordered Mr Thiele pay the consumer $7800 but he has not paid.

In the matter brought by Consumer Affairs Victoria Mr Thiele was arrested and bailed to appear before Melbourne Magistrates’ Court as he had failed to appear for earlier court dates. He has prior convictions from December 2008 following action taken by Consumer Affairs Victoria for similar breaches.

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