Mark Crellin and Impact Building and Electrical Pty Ltd - Court action

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22 June 2011
Court actions

An unregistered building company and its director have been fined $35,000 and received a criminal conviction for failing to complete major renovations and roofing work for two Victorian families.

Impact Building and Electrical Pty Ltd and Mark Crellin, the company’s sole director, were charged with 15 breaches of the Domestic Building Contracts Act 1995 and the Fair Trading Act 1999 after Consumer Affairs Victoria investigated two complaints.

On 24 May 2011, Ringwood Magistrate’s Court convicted Mr Crellin and the company on charges of:

  • demanding an excessive deposit
  • entering into a major domestic building contract whilst unregistered
  • using a contract which did not comply with the Domestic Building Contracts Act 1995
  • failing to supply services within a reasonable time
  • supplying services that were materially different.

The criminal prosecution involved a consumer in Millgrove who entered into a $46,000 contract with the unregistered builder in April 2009 to renovate, including restumping, new decking, replacement of doors and windows, and an overhaul of the kitchen and bathroom, but the work was left incomplete.

Mr Crellin, formerly of Wandin North but now based in Queensland, was also ordered to pay $1794.40 court costs. An application for compensation orders for both building jobs will be heard at a later date.