Fair Trading Minister Anthony Roberts today said a Western Sydney builder had been fined a total of $34,169 by Parramatta Local Court for carrying out residential work while unlicensed and using an unregistered business name.

Mr Roberts said Moustafa Nahle of Auburn was convicted of 10 breaches of the Home Building Act 1989 and one breach of the Business Names Act 2002.

“The breaches included contracting and undertaking residential building work worth $122,500 without a licence,” he said.

Mr Nahle was fined: $1,000 for trading with an unregistered business name; $15,000 for contracting and undertaking work while unlicensed; $10,000 for failing to insure work; and, $7,000 for repeatedly demanding and receiving payment for uninsured work. He was also ordered to pay $1,169 costs.

Mr Roberts said in September 2009, homeowners in Prestons, south west of Sydney, signed a contract with 'Nahli Carpentry', which listed Moustafa Nahle as the builder and holder of a current licence.

“The homeowners signed the contract in good faith, believing they were dealing with a licensed builder,” he said. “Mr Nahle demanded a number of progress payments during the course of construction, including $11,000 for GST, despite the fact this figure was not in the contract.

“When the homeowners refused to pay the GST demanded by Mr Nahle, he made a number of threats against their property in an attempt to forcibly extract money from them. NSW Police investigated the incident and Mr Nahle was charged with damaging the consumer’s property.”

Fair Trading was advised by Liverpool Local Court that on 15 April Mr Nahle was convicted of damaging and destroying property and sentenced to an eight month suspended sentence on good behaviour.

Mr Roberts said he would do everything in his power to rid the industry of cowboys.

“Fair Trading regularly visits home building traders to ensure they are following the law,” he said. “There is no excuse for operating illegally and traders face heavy penalties.”

Breaches of the Home Building Act can attract a maximum fine of $110,000 for corporations or $22,000 for individuals. Breaches of the Business Names Act can result in fines of up to $5,500.

To check a trade licence go to the NSW Fair Trading website - Home building licence check or call 13 32 20.

Home warranty insurance is central to consumer protection and mandatory in NSW for all home building work valued at more than $12,000.

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