CONSUMER Protection will discontinue legal action against a local rogue fencing contractor after the man was declared bankrupt.
United Fencing (WA) Pty Ltd, a registered company of sole director James Lee Battah, now of Harvey, has been the subject of legal action by the Department after consumers in the Peel region reported paying large deposits for fencing work that was never carried out.
Local residents had reported being unable to contact Mr Battah at his Greenfields office after paying their large deposits for fencing work to be carried out.
In March 2013 Consumer Protection negotiated with the company and Mr Battah to sign a Court enforceable undertaking under the Australian Consumer Law which placed strict conditions on the company’s present and future dealings with customers.
The undertaking also required the company to refund $43,000 in deposits owed to 24 consumers within a specified period.
Consumer Protection commenced legal action against the company and Mr Battah when these amounts were not paid by the due date.
In May, Mr Battah was declared bankrupt and, as a result, further legal action will be discontinued by Consumer Protection as they believe "there is unlikely to be any positive outcome".
Commissioner for Consumer Protection Anne Driscoll said neither Mr Battah nor his company appear to have assets that would enable consumers to get their money back.
“While individual consumers have the right to continue with their own legal action, and many already have, the bankruptcy means that there is no public interest in the Department continuing with its legal action,” Ms Driscoll said.
“Mr Battah’s company is likely to be deregistered and we believe he is now no longer trading as a fencing contractor.
“The conditions of his bankruptcy will preclude him from holding a role as director in any other company for a three-year period or until his creditors have been repaid.
“Consumer Protection will be monitoring Mr Battah to ensure that, if he is ever the subject of future complaints, immediate action will be taken.
“This case highlights the risks that consumers face when they pay large deposits before any work is carried out and we urge consumers not to pay large deposits, to shop around and to do their homework before paying upfront for goods and services.”
