Enforcement Actions Report: January - March 2016 Quarter
In the course of administering NSW’s fair trading laws, Fair Trading may take enforcement action against individuals or companies that contravene those laws. Enforcement action is designed to stop the unlawful conduct, reduce the likelihood of its recurrence, act as a general and specific
deterrent and where appropriate, reverse its effect through actions such as corrective advertising or compensation. This report includes public information available through the courts as well as information on public registers administered by Fair Trading. The enforcement actions listed may
include:
• convictions resulting from prosecution in a court;
• statistical information on penalty notices issued by Fair Trading;
• disciplinary determinations – including results of proceedings in the Administrative Decisions Tribunal; and
• injunctions or other orders resulting from civil proceedings in the Supreme Court.
The information provided is correct as at the date of this report. Any matter might be subject to a change resulting from an appeal or application for review.
Current information may be obtained by contacting Fair Trading or accessing the public register where relevant.
Principal legislation administered by NSW Fair Trading:
Agricultural Tenancies Act 1990
Architects Act 2003
Associations Incorporation Act 2009
Australian Consumer Law (NSW)
Biofuels Act 2007
Boarding Houses Act 2012
Building and Construction Industry Security of Payment Act 1999
Building Professionals Act 2005
Business Names (Commonwealth Powers) Act 2011
Charitable Fundraising Act 1991
Community Land Management Act 1989
Consumer Claims Act 1998
Contracts Review Act 1980
Conveyancers Licensing Act 2003
Co-operative Housing and Starr-Bowkett Societies Act 1998
Co-operatives (Adoption of National Law) Act 2012
Credit (Commonwealth Powers) Act 2010
Crimes Act 1900
Electricity (Consumer Safety) Act 2004
Fair Trading Act 1987
Fitness Services (Pre-paid Fees) Act 2000
Funeral Funds Act 1979
Gas Supply Act 1996
Holiday Parks (Long-term Casual Occupation) Act 2002
Home Building Act 1989
HomeFund Restructuring Act 1993
Innkeepers Act 1968
Landlord and Tenant Act 1899
Landlord and Tenant (Amendment) Act 1948
Motor Dealers Act 1974
Motor Dealers and Repairers Act 2013
Motor Vehicle Repairs Act 1980
Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014
Occupational Licensing (Adoption of National Law) Act 2010
Occupational Licensing National Law (NSW)
Partnership Act 1892
Pawnbrokers and Second-hand Dealers Act 1996
Personal Property Securities (Commonwealth Powers) Act 2009
Plumbing and Drainage Act 2011
Prices Regulation Act 1948
Professional Standards Act 1994
Property, Stock and Business Agents Act 2002
Residential (Land Lease) Communities Act 2013
Residential Parks Act 1998
Residential Tenancies Act 2010
Retirement Villages Act 1999
Storage Liens Act 1935
Strata Schemes Management Act 1996
Surveying and Spatial Information Act 2002
Tattoo Parlours Act 2012
Uncollected Goods Act 1995
Valuers Act 2003
$ value of
Fine or Penalty
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Date of Action
Type of Enforcement Action
Steven Miller aka Mustafa Malas and Steve Malas t/as
Australian Premier Landscaping
Unlicensed
Sydney Metro
Accept payment not supply goods/services in time
5 January 2016
Convicted and sentenced on balance of charges (Home Building Act and Crimes Act) to a
total of 32 months with a non-parole period of 24 months. (Under appeal)
Elvira Anger t/as Fame-Star Imports
Retailer
Sydney Metro
False representation that goods are of a particular standard or quality
15 January 2016
Convicted and fined
Jason Tilse
Unlicensed
Newcastle
Accept payment not supply goods/services in time
18 January 2016
Convicted and fined
$585
Paul Logan t/as Paul Logan Creations
Unlicensed
Sydney Metro
Accept payment not supply goods/services in time
21 January 2016
Convicted and fined
$2,170
Jarrod Ethan Hall
Sydney Metro
Accept payment not supply goods/services in time
27 January 2016
Convicted and fined
$2,050
David John Hall
Sydney Metro
Accept payment not supply goods/services in time
27 January 2016
Convicted and fined
$1,820
Name of Individual or Corporation
Australian Consumer Law (NSW)
$6,285
Yong Xin Jiang t/as Doonside Bargain Shop
Retailer
Doonside
Failing to comply with the Australian/New Zealand Standard: Musical Green and Pink Mouse 2 February 2016
Piano; Blue toy Fire Engine; Funny Tank Bump N Go; Gangnam Style Bump N Go.
Pecuniary penalty imposed
$1,000
Suisheng Wang t/as Realdeal 2 U
Retailer
Burwood
2 February 2016
Pecuniary penalty imposed
$1,000
Mathew Hanna
158971C
Sydney Metro
Failing to comply with the Australian/New Zealand Standard: Red Spiderman Toy with
Bulging Eyes and Train Thomas Happy Rotation Lifting Train.
Accept payment not supply goods/services in time
11 February 2016
Convicted and fined
$5,085
Caroline Eve Grimmond
Photographer
Upper Coomera
Accept payment not supply goods/services in time
25 February 2016
Taha Baghdadi
Travel Agent
Sydney Metro
Accept payment not supply goods/services in time
24 March 2016
Offence proven no conviction recorded pursuant to s.10(1)(a) Crimes (Sentencing
Procedure) Act
Convicted and fined
$15,555
$35,550
Total prosecutions
Penalty Notices
Defendants: 8
Offences: 9
$4,950
$40,500
Total Prosecutions & Penalties
Crimes Act 1900
Steven Miller aka Mustafa Malas and Steve Malas t/as
Australian Premier Landscaping
Unlicensed
Sydney Metro
Fraud; dishonestly obtain financial advantage by deception
5 January 2016
Convicted and sentenced on balance of charges (Home Building Act and Australian
Consumer Law (NSW)) to a total of 32 months with a non-parole period of 24 months.
(Under appeal)
Azra El Ali
Unlicensed Motor Dealer Sydney Metro
Fraud; dishonestly obtain financial advantage by deception.
4 February 2016
Convicted and be placed on a section 9 good behaviour bond for 12 months
Shaun Andrew Crockford
933575
Fraud; dishonestly obtain financial advantage by deception; Forgery; make false document
to obtain financial advantage; and, using false document to obtain advantage.
30 March 2016
Convicted and sentenced to 2 years imprisonment to be served by way of an Intensive
Corrections Order (ICO) commencing today and expiring at midnight on 29 March 2018 (in
conjunction with Property, Stock and Business Agent's Act offence)
Sydney Metro
$85
$85
Total prosecutions
Penalty Notices
Defendants:
Offences:
$85
Total Prosecutions & Penalties
Electricity (Consumer Safety) Act 2004
$0
Total prosecutions
Penalty Notices
Defendants: 1
Offences: 1
$500
$500
Total Prosecutions & Penalties
Fair Trading Act 1987
$0
Total prosecutions
Penalty Notices
Defendants: 1
Offences: 2
$1,100
$1,100
Total Prosecutions & Penalties
Home Building Act 1989
Got to Go Solar Pty Ltd
245363C
NW Sydney CBD
Not complied with Rectification Order. Applied to NCAT
monetary penalty
$5,000
David Yousefian - Director of Got to Go Solar Pty Ltd
245363C
NW Sydney CBD
Not complied with Rectification Order. Applied to NCAT
monetary penalty
$3,000
Joshua Stewart - Director of Got to Go Solar Pty Ltd
245363C
NW Sydney CBD
Not complied with Rectification Order
monetary penalty
$3,000
Andrew Michail - Director of Got to Go Solar Pty Ltd
245363C
NW Sydney CBD
Not complied with Rectification Order. Applied to NCAT
monetary penalty
$3,000
ZH International Pty Ltd
218059C
Western Sydney
Do work other than with due care & skill (s18B(1)(a))
monetary penalty
$7,000
Ahmed Zeitoun - Nominated Supervisor of ZH International 218059C
Pty Ltd
Hui Zhang - Director and Nominated Supervisor of ZH
218059C
International Pty Ltd
Mrs Ngoc Hong Ly - Director of ZH International Pty Ltd
218059C
Western Sydney
Do work other than with due care & skill (s18B(1)(a)). Applied for internal review
monetary penalty
$3,000
Western Sydney
Do work other than with due care & skill (s18B(1)(a))
monetary penalty
$3,000
Western Sydney
Do work other than with due care & skill (s18B(1)(a))
monetary penalty
$3,000
The Australian Construction & Building Group Pty Ltd
223811C
Not complied with Rectification Order.
monetary penalty
$6,000
David Raymond Baynie
223811C
Upper North Shore of
Sydney
Upper North Shore of
Sydney
Not complied with Rectification Order.
monetary penalty
$3,000
$ value of
Fine or Penalty
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Robert John Day - Director and Nominated Supervisor of
Huxley Homes Pty Ltd
Huxley Homes Pty Ltd
155010C
NW Sydney CBD
Not complied with Rectification Order.
monetary penalty
$7,000
155010C
NW Sydney CBD
Not complied with Rectification Order.
monetary penalty
$20,000
Andrew Sharples
52825S
Central West
Do work other than with due care & skill - Electrical (s51(1)(d)). Applied for Internal Review
Cancel & disqualify for 6 months
Steven Miller aka Mustafa Malas and Steve Malas t/as
Australian Premier Landscaping
Unlicensed
Sydney Metro
Unlicensed contracting of residential building work; demand/receive payment before
residential work commenced; unlicensed building work; demand/receive payment for
building w/o having insurance; and, contract to do residential work w/o certificate of
insurance.
5 January 2016
Convicted and fined. (In conjunction with Crimes Act and Australian Consumer Law (NSW)
charges, sentenced to a total of 32 months with a non-parole period of 24 months.) (Under
appeal)
Garrie John Maxworthy
Unlicensed
Berkley Vale
Unlicensed contracting of residential building work; represent person is prepared to do
residential building work; demand/receive deposit exceeds maximum under section; and,
unlicensed residential building work.
14 January 2016
Convicted and fined
$8,649
Jason Tilse
Unlicensed
Newcastle
Unlicensed contracting of residential building work; fail to comply with requirements of
18 January 2016
written contract; Licensee failed to provide prescribed contract information; Falsely represent
a person (a partnership or corporation) is the holder of a contractor’s licence; and, contract to
do residential work w/o certificate of insurance
Convicted and fined
$7,010
Paul Logan t/as Paul Logan Creations
Unlicensed
Sydney Metro
Unlicensed contracting of residential building work; seek residential building work when
unlicensed to do same; represent Unlicensed person is prepared to do residential building
work; falsely represent a person (a partnership or corporation) is the holder of a contractor's
licences;. and, contract to do residential work w/o certificate of insurance
21 January 2016
Convicted and fined
$73,605
Sydney Metro
Demand/Receive payment before residential work commenced
27 January 2016
Convicted and fined
$1,635
Sydney Metro
Demand/Receive payment before residential work commenced
27 January 2016
Convicted and fined
$3,040
Sydney Metro
Fail to comply with requirements of written contract and contract to do residential work w/o
certificate of insurance.
28 January 2016
Convicted and fined
$11,070
Name of Individual or Corporation
Jarrod Ethan Hall
David John Hall
Date of Action
Type of Enforcement Action
$48,190
Delta Constructions Australia Pty
252373C
Walid Issa
264782C (Joiner; Kitchen, Sydney Metro
Bathroom; laundry
renovator)
Unlicensed contracting of residential building work; represent prepared to do residential
building work whilst unlicensed; and, demand/receive payment before residential work
commenced.
2 February 2016
Convicted and fined
$6,925
Mathew Hanna
158971C
Sydney Metro
Represent unlicensed person is prepared to do residential building work
11 February 2016
Convicted and fined
$3,085
Johnson Bazi trading as J & W Bazi
Unlicensed
Sydney Metro
Unlicensed contracting of residential building work; demand or receive deposit exceeds
maximum under section; unlicensed residential building work; do residential building work
w/o insurance; and, contract to do residential work w/o certificate of insurance.
25 February 2016
Convicted and fined
$50,734
Peter John Hetherington
Unlicensed
Sydney Metro
Unlicensed contracting of specialist work and falsely represent a person (partnership or
corporation)
1 March 2016
Convicted and fined
$4,055
Michael Moussa
216290C (Plumbing)
Sydney Metro
Unlicensed contracting of residential building work
8 March 2016
Convicted and fined
$835
$284,833
Total prosecutions
Penalty Notices
Defendants: 53
Offences: 119
$136,750
Civil Penalties
$421,583
Total Prosecutions & Penalties
Motor Dealers Act 1974
Khaled Naboulsi
Unlicensed
Sydney Metro
Unlicensed Motor dealer
3 February 2016
Convicted and fined
Azra El Ali
Unlicensed
Sydney Metro
Interfere with odometer of a motor vehicle
4 February 2016
Convicted and fined
Total Prosecutions & Penalties
$4,617
$6,202
Total prosecutions
Penalty Notices
$1,585
Defendants:
Offences:
$6,202
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Date of Action
Type of Enforcement Action
South West Motors Pty Ltd
49024
Liverpool
Breaches of the Act
29 January 2016
Reprimanded
Meher International Pty Ltd
50832
Marrickville
Breaches of the Act
19 February 2016
Reprimanded and directed to have register procedures implemented for the business that
complies with the Act and Regulation by 26 February 2016 and imposed condition on the
licence to comply with direction as a condition for continuation of the licence.
Familyautogroup Pty Ltd
44723
Fairfield East
Fitness & propriety issues
19 January 2015
An internal review affirmed the original delegate's decision of 13 November 2015: Cancelled
the licence and disqualified Familyautogroup Pty Ltd from holding a licence or from being
concerned in the direction, management or conduct of a business for the carrying on of
which a licence is required for a period of 10 years. Familyautogroup Pty Ltd has sought a
review of that decision with the NCAT. That review remains outstanding.
Name of Individual or Corporation
$ value of
Fine or Penalty
Motor Dealers and Repairers Act 2013
Penalty Notices
Defendants: 9
Offences: 23
$20,130
$20,130
Total Prosecutions & Penalties
Plumbing and Drainage Act 2011
$0
Total prosecutions
Penalty Notices
Defendants: 24
Offences: 29
$31,900
$31,900
Total Prosecutions & Penalties
Property, Stock and Business Agents Act 2002
Hoang Thinh Do
1492595
Bankstown
Fitness & propriety issues
1 October 2015
Licence cancelled, declared disqualified from holding a licence or certificate until 12 June
2024 and disqualified from being involved in the direction, management or conduct of the
business of a licensee until 12 June 2024. Mr Do has sought a review of that decision from
the NCAT. That review remains outstanding.
Khalel Elchaar
1275175
Parramatta
Fitness & propriety issues
7 January 2016
Suspended the licence for a period up to 60 days.
Kei Shum
03193006
Parramatta
Fitness & propriety issues
7 January 2016
Suspended the licence for a period up to 60 days.
Sydney Property Group Real Estate Pty Ltd
10005808
Parramatta
Fitness & propriety issues
7 January 2016
Suspended the licence for a period up to 60 days.
Si Van Huynh
929342
Fairfield
Fitness & propriety issues
8 January 2016
An NCAT review varied the delegate’s decision with the following result: (a) The first part of
the Delegate’s decision dated 14 April 2015 cancelling Mr Huynh’s real estate licence under
s192(1)(g) of the Act is affirmed. (b) The second part of the Delegate’s decision that Mr
Huynh is a disqualified person under s192(1)(h) of the Act for a period of six (6) years is
varied to Mr Huynh is declared to be a disqualified person for the purposes of the Act until 14
April 2018. (c) The third part of the Delegate’s decision disqualifying Mr Huynh from being
involved in the direction, management or conduct of the business of a licensee under
s192(1)(i) of the Act for a period of 6 (six) years ending on 14 April 2021, is affirmed.
Peter Hanna
1329882
Merrylands
Fitness & propriety issues
19 January 2016
Suspended the licence for a period up to 60 days.
Michael Marijan Rastegorac
03153967
Glenmore Park
Fitness & propriety issues
1 February 2016
Cancelled the licence and disqualified from holding a licence or certificate until 10 February
2025 and from being involved in the direction, management and conduct of the business of a
licensee until 10 February 2025.
Daniel Allan Nicholson
20018051 & 1009260
Fairlight
Fitness & propriety issues
3 February 2016
Cancelled the licence and disqualified from holding a licence or certificate for a period of 10
years and from being involved in the direction, management and conduct of the business of
a licensee for a period of 10 years.
Tracey Sharon Boniface
1165754
Penshurst
Fitness & propriety issues
5 February 2016
Pia Cunningham
1436094
Narellan Vale
Fitness & propriety issues
9 February 2016
An internal review affirmed the original delegate's decision of 14 January 2016: Disqualified
Tracey Sharon Boniface from holding a licence or certificate for a period of 5 years and from
being involved in the direction, management or conduct of the business of a licensee for a
period of 5 years. Ms Boniface has sought an Internal Review of that decision. That review
remains outstanding.
Suspended the licence for a period up to 60 days.
Schloeffel & Paul Hurstville Real Estate Pty Ltd
135505
Hurstville Grove
Breaches of the Act
25 February 2016
Permanently disqualified from holding a licence and permanently disqualified from being
involved in the direction, management and conduct of the business of a licensee and issued
a direction to pay $120,544.19 to the Property Services Compensation Fund to reimburse
managers fees paid out.
Gary Andrew Paul
151712
Hurstville Grove
Breaches of the Act
25 February 2016
Reprimanded and issued a direction to pay $8,119.51 to the Property Services
Compensation Fund for the balance of the Manager's fees paid out within 28 days.
Name of Individual or Corporation
Business Type /
Licence No.
Where Trading
Nature of Offence or Unfair Conduct
Date of Action
Type of Enforcement Action
Philip Brian Paul
135505
Hurstville Grove
Breaches of the Act
25 February 2016
Reprimanded and issued a direction to pay $8,119.51 to the Property Services
Compensation Fund for the balance of the Manager's fees paid out within 28 days.
Glenn Robert McDonald
234102
Hurstville Grove
Breaches of the Act
25 February 2016
Reprimanded and issued a direction to pay $8,119.51 to the Property Services
Compensation Fund for the balance of the Manager's fees paid out within 28 days.
Mitchell John Barclay Campbell-Rogers
20009130
Dubbo
Breaches of the Act
9 March 2016
Reprimanded and issued a direction to pay $550 to the Property Services Compensation
Fund by 31 March 2016 and impose a condition on the licence to comply with the direction
as a condition of the continued renewal of the licence.
Tyron Holdings Pty Ltd
10006204
Turramurra
Fitness & propriety issues
10 March 2016
Cancelled the licence and permanently disqualified from holding a licence and permanently
disqualified from being involved in the direction, management and conduct of the business of
a licensee for a period.
Alan Temelkov
1122645
Turramurra
Fitness & propriety issues
10 March 2016
Cancelled the licence and disqualified from holding a licence or certificate for a period of 10
years and from being involved in the direction, management and conduct of the business of
a licensee for a period of 10 years.
M Webb Bros Pty Ltd
173902
Gloucester
Failure to account
14 March 2016
Permanently disqualified from holding a licence and permanently disqualified from being
involved in the direction, management and conduct of the business of a licensee.
Leadership Pty Limited
872071
Five Dock
Breaches of the Act
21 March 2016
Reprimanded Leadership Pty Limited and directed to implement written procedures and a
complain register for the business that complies with the Act and Regulation by 20 April
2016 and imposed a monetary penalty of $1,100 to be paid by 13 April 2016 and imposed a
condition on the licence to comply with the direction as a condition of the continued renewal
of the licence.
John La Mela
219380
Five Dock
Breaches of the Act
21 March 2016
Reprimanded John La Mela and directed to complete an additional 12 professional
development points relating to (1) Business Management, (2) Complaint Management and
(3) Strata Law Reforms and imposed a condition on the licence to comply with the direction
and the direction placed on Leadership Pty Limited as a condition of the continued renewal
of the licence.
Commercial Property Alliance Pty Ltd
10025850
Wollongong
Fitness & propriety issues
22 March 2016
Suspended the licence for a period up to 60 days.
Ryan Charles Hunt
1125423
Wollongong
Fitness & propriety issues
22 March 2016
Suspended the licence for a period up to 60 days.
Si Van Huynh
929342
Cabramatta
Review of decision to cancel and disqualify real estate agent's licence for a period of 6 years 8 January 2016
Si Van Huynh
929342
Cabramatta
Fraudulently convert money from bank account.
5 February 2016
Daniel Nicholson
1009260
Fairlight
Fraudulently convert money from bank account.
25 February 2016
Convicted, fined and sentenced to imprisonment for 9 months with a 6 month non parole
period commencing today. (on appeal)
Shaun Andrew Crockford
Real Estate Agent
Sydney Metro
Fraudulently convert money from bank account.
30 March 2016
Convicted and sentenced to 2 years imprisonment to be served by way of an Intensive
Corrections Order (ICO) commencing today and expiring at midnight on 29 March 2018 (in
conjunction with Crimes Act offences)
Total prosecutions
Penalty Notices
Defendants: 23
On 8 January 2016, the NSW Civil and Administrative Tribunal, set aside the delegates
decision and in its place declared Mr Huynh to be a disqualified person for the purposes of
the Act until 14 April 2018
Convicted and sentenced to a period of 12 months’ imprisonment, suspended on his
entering into a bond pursuant to s.12, Crimes (Sentencing Procedure) Act to be of good
behaviour for a period of 12 months
Offences: 26
$ value of
Fine or Penalty
$85
$95,095
$95,180
$35,200
Civil Penalties
Total Prosecutions & Penalties
$130,380
Total Enforcement Actions
Total Penalties from all acts and regulations
$652,380
Total Civil Penalties from all acts and regulations
Total Enforcement Actions
$652,380
© State of New South Wales through NSW Fair Trading, 2016
The information provided is correct as at the date of this report. Any matter might be subject to a change resulting from an appeal or application for review.
Current information may be obtained by contacting Fair Trading or accessing the public register where relevant.
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