An unregistered builder who accepted more than $20,000 for fencing and building work that was never carried out has been fined a total of $70,000 and ordered to pay $24,453 compensation.
Samer Rayes, who used the unregistered business name Boundary Fencing & Gates, pleaded guilty in Frankston Magistrates Court to:
- 16 charges under the Fair Trading Act 1999 and one charge under the Australian Consumer Law for accepting money without supplying the agreed goods or services;
- one charge under the Domestic Building Contracts Act 1995 of entering into a major domestic building contract while not registered as a builder
- one charge under the Fair Trading Act 1999 of falsely representing an affiliation with the Housing Industry Association
- one charge under the Business Names Act 1962 of carrying on business under an unregistered business name.
The offences occurred in the Frankston area between September 2010 and January 2011.
The criminal charges followed civil proceedings in May 2011 which restrained Mr Rayes and his brother Najy (Mark) Rayes from:
- demanding or accepting payment before the satisfactory completion of work
- demanding or accepting deposits for work
- entering into a major domestic building contract unless registered as a builder under the Building Act 1993.
The court fined Mr Rayes a total of $70,000.
Mr Rayes was also ordered to pay compensation of $24,453 and costs of $3000.