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CBS prosecutions and disciplinary action - annual report


Prosecutions / disciplinary action

under the Fair Trading Act 1987 (and related Acts), and the Liquor Licensing Act 1997

Peter Wotton and Simplified Installs Pty Ltd (in liquidation) trading as Adelaide Pools and Patios  

Date: 07/08/2018  

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence and section 158(7) of the Australian Consumer Law by accepting payment and failing to supply goods or services within a reasonable time frame.

Court outcome: Convicted 

Fined $175,000

Total Compensation $58,964.40

Disqualification order from managing companies for 7 years

Branislav Zivlak and Best Tiling & Renovations Pty Ltd

Date: 09/08/2018        

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence.  The director aided and abetted the company to carry on such a business when not authorised to do so by licence contrary to section 267 of the Criminal Law Consolidation Act 1935 (SA).

Court Outcome: Convicted

Fined $11,840

Total Compensation $5,500

Ludovico Abbate trading as Adelaide Roller Door and Shutter Repairs

Date: 24/10/2018        

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence and section 158(7) of the Australian Consumer Law by accepting payment and failing to supply goods or services within a reasonable time frame.

Court Outcome: Convicted 

Fined $1,000

Total Compensation $1,050

Costantinos Gounas trading as One Way Supplies

Date: 31/10/2018        

Breached section 158(7) of the Australian Consumer Law by accepting payment and failing to supply goods or services within a reasonable time and breached the section 8A(4) of the Fair Trading Act 1987 by failing to attend 2 Compulsory Conciliation Conferences.

Court Outcome: Convicted

Fined $6,000

Total Compensation $9,698

Anthony Cameron trading as Wood Shapers Furniture

Date: 14/11/2018        

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence and breached section 158(7) of the Australian Consumer Law by accepting payment and failing to provide goods or services within a reasonable time.

Court outcome: Convicted

Fined $7,500

Total Compensation $2,400 

Phillip Nanasi of Future Designs Pty Ltd trading as Future Designs

Date: 21/11/2018        

Breached section 7(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on a business as a dealer when not authorised by licence and breached section 151(1)(h) of the Australian Consumer Law by making a false or misleading misrepresentation that the company was the holder of a current licence. The director aided and abetted the company in making the misrepresentation that the company was the holder of a current licence contrary to section 267 of the Criminal Law Consolidation Act 1935 (SA).

Court Outcome: Convicted

Fined $9,000

Leslie Durdin trading as Durdin Electrical Services  

Date: 11/12/2018       

Breached section 6(1) and section 13 of the Plumbing, Gas Fitters and Electricians Act 1995 by carrying on a business as an electrical contractor when not authorised by licence and acted as an electrical worker when not authorised by registration.

Court outcome: Convicted

Fined $5,400

Total Compensation $6,191.87

Robert Appelkamp 

Date: 18/12/2018     

Breached section 51(1) of the Gaming Machines Act 1992 by operating a gaming machine on licensed premises when being a person who occupied a position of authority in a corporate entity which held a gaming machine licence, when such operation was not necessary for the purpose of carrying out his duties.

Court Outcome: Convicted

2 months imprisonment, suspended for 12 months 

Nicholas White

Date: 22/01/2019        

Breached section 7(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on business as a dealer when not authorised by licence.

Court outcome: Convicted

18 month good in the sum of $500

Damien Knowles trading as Love Paving SA

Date: 06/02/2019        

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence and acting contrary to an assurance accepted by the Commissioner pursuant to section 81(1) of the Fair Trading Act 1987.

Court outcome: Convicted

Fined $5,000

Anastasios Manolakis

Date: 19/02/2019       

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence. 

Court outcome: Convicted

Fined $3,000

Total Compensation $2,500 

Moses Gozdiff trading as Roof Repairers SA

Date: 22/02/2019        

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence and breached section 158(7) of the Australian Consumer Law by accepting payment and failing to supply goods or services within a reasonable time.

Court Outcome: Convicted

12 month good behaviour bond in the sum of $200

Semir Jasic

Date: 27/03/2019        

Breached section 7(1) and section 34(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on business as a dealer when not being authorised by licence and interfering with an odometer. Also breached section 151(1)(a) of the Australian Consumer Law by making false and misleading representations that vehicles were a particular standard or had a particular history.

Court outcome: Convicted

Fined $10,500

Total compensation $1,200

Luke Lorraine

Date: 27/03/2019    

Breached section 7(1) and section 34(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on business as a dealer when not authorised by licence and inferring with an odometer. Also breached section 151(1)(a) of the Australian Consumer Law by making false or misleading representations that vehicles were a particular standard / had a particular history.

Court outcome: Convicted

Fined $24,500

Total compensation $2.593.77​​​​​​​

Pervez Iqbal and Jutt Brothers Pty Ltd trading as Statewide Pools

Date: 05/04/2019         

Breached section 34 of the Building Work Contractors Act 1995 by failing to obtain building indemnity insurance on 14 occasions and section 151(1)(m) of the Australian Consumer Law by making a false or misleading representation regarding a right or remedy. The director aided and abetted the company’s failure to obtain building indemnity insurance on 14 occasions and make a false or misleading representation regarding the right or remedy contrary to section 267 of the Criminal Law Consolidation Act 1935 (SA).

Court outcome: Convicted

Fined $17,500

Director placed on good behaviour bond​​​​​​​

Nayram Gogel trading as NG Retaining Walls

Date: 07/05/2019        

Breached section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence.

Court outcome: Convicted

Fined $3,500

Total compensation $10,700

Marc Siv and Sivcorp Solar, Australia Pty Ltd trading as Sivcorp Solar  

Date: 21/06/2019       

Breached section 6(1) of the Plumbing, Gas Fitters and Electricians Act 1995 by carrying on a business as an electrical contractor when not authorised by licence.

Court Outcome: Convicted

Fined $5,000

Assurances and undertakings

given under the Fair Trading Act 1987 (and related Acts), the Liquor Licensing Act 1997 and the Australian Consumer Law

Nghia Thanh Le and Kieu Mong Ngoc Huynh and Nghia Van Investment Co Pty Ltd trading as Ninh Kieu Mekong

Date: 06/07/2018        

Undertaking to ensure that at all times the sale and supply of liquor is only to occur on licensed premises and in to act in accordance with conditions imposed on the licence.

John Farriguia, Mary Rose Farrugia, Rosemarie Farrugia and David John Farrugia trading as Spend A Penny

Date: 12/07/2018       

Undertaking not to supply goods that do not comply with an appropriate safety or information standard under the Australian Consumer Law and to implement a product safety compliance program.

Shaoming Zhang and Emall Pty Ltd trading as Color Life

Date: 31/7/2018        

Undertaking not to supply goods that do not comply with an appropriate safety or information standard under the Australian Consumer Law; and implement a product safety compliance program; and to contact consumers in relation to the recall. 

Nicholas Daniel Cimesa trading as PRM Fabrication Engineering 

Date: 08/08/2018       

Undertaking not to accept payment for goods or services and then fail to provide those goods or services within a reasonable time contrary to section 158(7) of the Australian Consumer Law and to pay compensation by agreed date.

Ho Keng Teo, Darren Minh Duc Nguyen, Gardenia Home Garden Décor Pty Ltd and Ducco Pty Ltd

Date: 08/08/2018        

Undertaking not to supply goods that do not comply with an appropriate safety standard under the Australian Consumer Law and will implement a product safety compliance program.

Shannon Bynoe Reed  

Date: 04/12/2018      

Assurance the trader will ensure compliance with section 7(1) of the Second-hand Vehicle Dealers Act 1995.

John Phillip Skrlj 

Date: 18/02/2019       

Assurance the trader will ensure compliance with section 7(1) of the Second-hand Vehicle Dealers Act 1995.

Veronica Shnoudi trading as 'Veronicaandcompany' eBay store

Date: 26/02/2019        

Undertaking not to supply goods that do not comply with an appropriate safety or information standard under the Australian Consumer Law and will implement a product safety compliance program.

Loucas Kounnas and Lost (SA) Pty Ltd trading as Bargain City Newton

Date: 04/03/2019    

Undertaking not to supply goods that are subject to a permanent ban in accordance with the requirements of the Australian Consumer Law and will implement a product safety compliance program.

Mark Alan Scotford trading as Swift Appliance Services

Date: 21/03/2019        

Assurance that the trader will ensure compliance with sections 6(1)(a) and 13 of the Plumbing, Gas Fitters and Electricians Act 1995.

Miroljub Milutinovic and Snezana Milutinovic

Date: 21/03/2019        

Assurance that the traders will not perform domestic building work to which Division 3 of the Building Work Contractors Act 1995 applies unless a policy of insurance is in force in relation to that building work.

Robert Davey, as Trustee for the Davey Family Trust trading as One Stop Inspections

Date: 09/04/2019        

Undertaking not to make false or misleading representations concerning the business ‘One Stop Inspections’ or any other name it may trade under. 

Andrew Box and Madore Pty Ltd trading as First Choice Verandahs and Carports 

Date: 11/06/2019       

Assurance that the traders will not perform domestic building work to which Division 3 of the Building Work Contractors Act 1995 applies unless a policy of insurance is in force in relation to that building work and will ensure the contract value is accurately stated on development applications that it submits to South Australian local governments.

Paul Bateman and Bateman Realty Pty Ltd trading as All Adelaide Real Estate City Edge

Date: 12/06/2019        

Assurance that the trader will not make a representation as to the likely selling price of land which is less that the prescribed minimum advertising price in compliance with section 24A of the Land and Business (Sales and Conveyancing) Act 1994, will not act for the vendor unless it has entered into a sales Agency Agreement in compliance with section 20 of Land and Business (Sales and Conveyancing) Act 1994 and will ensure that its business is properly managed and supervised in compliance with sections 10 and 11 of the Land Agents Act 1994 and regulation 10 of the Land Agents Regulations 2010.

Ali Mohammed Razaee Ghavamabadi 

Date: 19/06/2019       

Assurance the trader will ensure compliance with sections 7(1) and 34(1) of the Second-hand Vehicle Dealers Act 1995 and Undertaking not to make a false or misleading representations that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use.