The Court of Appeal in Maroochydore last week reduced a penalty previously imposed on Solazone director, Ernest Gavey, after considering the circumstances that led to a fine of $10,000 last July, for the late delivery of a customer’s battery system in 2014.
The Court Judge said in his statement that although the Office of Fair Trading needed to set an example that this sort of delay was not acceptable business practice, there were unforeseen circumstances in this instance that had contributed to the delay in supply, and that Mr Gavey had attempted throughout to assist the customer to get his batteries, and eventually sold his house in order to repay the customer the original money he had paid to Solazone Pty Ltd.
As the Director stated, in the past 32 years of selling and installing solar systems, there had never been a single instance of dishonest or unsatisfactory trading, and all along he had felt very ashamed of the financial circumstances last year that had led to the problem. The Court found that the original penalty was too harsh, reduced the fine imposed, and recorded no conviction for the offence.
Further details are here: http://www.qt.com.au/news/solar-provider-has-fine-reduced-on-appeal/2842894