Aussie Sheds Albany: Former installer Armand Bato Javellana found guilty of breaching Australian Consumer Law

A former Albany shed installer who took more than $150,000 in deposits for work that was not completed and operated despite not being a registered building contractor has been found guilty of breaching Australian Consumer Law. Armand Bato Javellana, who traded as Aussie Sheds Albany, was convicted on June 9 at Perth Magistrates Court and ordered to pay $158,853 in compensation to the consumers who paid him deposits. Between January and July 2020 Mr Javellana took large deposits to supply and construct sheds from 11 consumers. The sheds were to be built on properties in Robinson, Katanning and the outer-Perth suburb of Cardup, with two of the sheds purchased by consumers in New South Wales and Queensland, and one large deposit paid for the installation of a patio roof. The projects were valued at between $26,000 and $38,000. In August 2020, Consumer Protection issued a public warning about Javellana and recommended consumers avoid making further payments or dealing with his business following 50 complaints from consumers. Javellana became bankrupt following the public warning. Magistrate Catherine Crawford awarded compensation to the consumers as she was not satisfied Javellana had the capacity to pay a fine and repay the victim’s deposits. Ms Crawford imposed conditional release orders of $1000 on each of the 12 charges Javellana was facing for a 12-month period. If he reoffends, he can be brought back to court and resentenced again for $1,000 on each charge. In February, Javellana was prosecuted for the same matters by WA’s building regulator and fined $10,000. Consumer Protection Commissioner Trish Blake said the conviction was a good result for the consumers who dealt with Javellana. “We were very concerned when complaints against Mr Javellana started mounting in 2020 and alarmed at the significant amount of money consumers had paid for incomplete sheds,” Ms Blake said. “While Mr Javellana wasn’t fined in this instance, he has been forced to pay deposits back and was fined $10,000 earlier this year following prosecution by Building and Energy for entering into contracts without the required building registration and taking excessive deposits up to 10 times the allowable value of 6.5 per cent before work commenced. “We hope both convictions will deter Mr Javellana and others from conducting illegal activities in future. “Consumers should only pay small deposits where possible to reduce their risk, and for bigger jobs, only make progress payments once stages of the work have been completed. “In the case of one of the consumers in this case, they were able to seek a charge-back for their deposit from their bank, so it is highly recommended to pay by credit card which offers extra protection to consumers if goods and services are not provided.”