Unlicensed swimming pool builder fined thousands for pool renovation

A NSW Central Coast man has been successfully prosecuted for unlicensed contracting and demanding and receiving an excessive deposit. He was ordered to pay $8649 in fines and costs.

The offences relate to sub-standard and unlicensed swimming pool repairs and restoration work valued at $6900 and undertaken at a home in Berkley Vale in early 2015. Fair Trading Commissioner Rod Stowe says Maxworthy has a long history of non-compliance with consumer protection laws, dating back to a caution in October 1987 and disciplinary fines of $500 in July 1988, $1500 in December 1989 and $1000 in September 1990.

Maxworthy previously held a NSW building contractor licence that was cancelled on 19 October 1990 after several suspensions for failing to pay fines.

He was also issued with 13 penalty infringement notices worth $6650 between 23 March 2010 and 9 February 2015 for offences under the Home Building Act. He has three outstanding Tribunal orders dating from 2006, 2012 and 2013.

On 17 August 2014 Maxworthy registered the Maxworthy Pools website and later that month registered two Australian Business Numbers (ABNs) as an individual/sole trader and as a family partnership.

On 10 January 2015 he advertised for pool restoration, repairs and resurfacing work in the Sydney, Central Coast and Newcastle areas.

He responded to a request from a consumer in Berkley Vale and on 12 January 2015 contracted to do work, then demanded and received a $2000 deposit, a prohibited amount because it exceeded 10 percent of the contract value of $6900.

At no time was Maxworthy licenced to do the work for which he contracted.

Maxworthy Pool Restorations is not a registered business name with the Australian Securities and Investments Commission (ASIC).

Stowe urged consumers to check trade licences at www.fairtrading.nsw.gov.au or call 13 32 20.