Australia Heating and Air Conditioning - Court action

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Date
23 August 2013
Category
Court actions

Melbourne Magistrates Court has extended the orders that limit South Melbourne-based Australia Heating and Air Conditioning Pty Ltd to cash-on-delivery services.

Consumer Affairs Victoria urges customers to be cautious if dealing with this company. We are pursuing legal action against Australia Heating and Air Conditioning, its sole officer Mardi Tovey and complaints manager Rick Tovey.

This year, we have received 24 complaints and 48 enquiries about this company. Many of these reports have come from the cities of Port Philip, Melbourne and Boroondara.

On 22 August 2013, Melbourne Magistrates Court extended injunctions in place since March 2012 that restrain the company from accepting payments for goods and services, other than on a cash-on-delivery basis. These restrictions will now remain until a court makes further orders in the case.

The Director of Consumer Affairs Victoria alleges the company has breached the terms of an enforceable undertaking given in September 2012, which required Australia Heating and Air Conditioning to repay nearly $70,000 to 15 consumers.

The company had accepted payments for the supply and installation of heating or air-conditioning equipment but failed to supply or install the equipment within the specified time, or at all.

Mardi and Rick Tovey have a history of similar conduct. In 2012, they operated a company called Worldwide Heating and Air Conditioning Pty Ltd, which was also the subject of complaints to us. It went into liquidation before Australia Heating and Air Conditioning began to trade.

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