Commissioner for Consumer Affairs v Built It Pty Ltd & Zollo (No 2)

In the case of Commissioner for Consumer Affairs v Built It Pty Ltd & Zollo, the respondents were found to have engaged in misleading and deceptive conduct under the Australian Consumer Law by failing to deliver the promised scope of work on time. The case was heard by the Queensland Civil and Administrative Tribunal (QCAT). The Commissioner sought penalties for the respondents' conduct, which included failing to deliver a completed building project within the agreed time frame and making misleading statements to consumers about the progress and completion of the project.

The legal issues before the tribunal were whether the respondents had engaged in misleading or deceptive conduct, and if so, whether penalties were warranted. The tribunal examined the evidence regarding the contract, the scope of work, and the progress of the building project. It considered whether the respondents' actions amounted to misleading or deceptive conduct under the Australian Consumer Law and whether the Commissioner had established a prima facie case for penalties.

The tribunal found that the respondents had engaged in misleading or deceptive conduct by making false and misleading statements about the progress and completion of the building project. The tribunal also found that the Commissioner had established a prima facie case for penalties. The tribunal considered the relevant factors for imposing penalties, including the degree of culpability, the harm caused, and the need for deterrence. After weighing these factors, the tribunal imposed a penalty of $10,000 on each respondent.

The tribunal ordered that each respondent pay the penalty within 28 days and that they comply with any relevant orders made by the Commissioner in relation to the misleading or deceptive conduct. The tribunal also ordered that the respondents take steps to rectify the misleading or deceptive conduct by providing accurate and timely updates to consumers about the progress and completion of the building project.