CONSUMER Affairs Victoria has brought legal action against a Ballarat solar and wind energy provider and its director.
The consumer watchdog has applied to stop Delacombe’s Bailey Designed Engineering Pty Ltd (BDE) from taking payments and to disqualify its director, Mark Bailey, for three years.
It follows allegations the Delacombe business failed to supply goods and services as ordered, and that some supplied goods and services were not of acceptable quality.
The case is due to be heard in the Ballarat Magistrates’ Court tomorrow.
The business and Mr Bailey were the subjects of an article in The Courier last year where a lawyer representing BDE said the company could not be responsible for shipping delays from suppliers.
Consumers Affairs Victoria director Claire Noone said the consumer watchdog could take legal action to protect consumers when a business flouted the law.
If granted by the court, the orders would prevent BDE from taking deposits or payment until “it supplies the promised items or services”.
Mr Bailey would also be restrained from aiding or abetting the company in activities and be disqualified from managing a corporation for three years.
“It is an offence under the Australian Consumer Law (ACL) to accept payment for goods or services but fail to provide them as promised or within a reasonable time,” Dr Noone said.
“The ACL also guarantees consumers that the goods and services they buy will be of acceptable quality – they must be safe, durable, free from defects and do the job that type of thing is usually used for.”
Ballarat Magistrates’ Court will hear an application for interim injunctions against the defendants on 12 February.