The director of now-defunct kitset home business Get Design & Sales Ltd, Emma Gestro, was fined $80,000 last Friday for breaching the Fair Trading Act by taking payment for goods not delivered.
In the North Shore District Court, Judge Grant Fraser also awarded $43,090.76 in reparations to the 3 customers whose purchases the charges related to.
Ms Gestro, also known as Emma McCulloch, was 50% shareholder & sole director of Get Design when the company was founded in 2014, and took full control of it in March 2017. Get Design was wound up in the Auckland High Court in July 2017 on the Official Assignee’s application.
The district court case concerned money Ms Gestro took in the 12 months before the company’s liquidation.
The Commerce Commission said, in a report on the case, that Ms Gestro pleaded guilty to breaching the Fair Trading Act by demanding or accepting payment for kitset buildings her company sold, when she didn’t have reasonable grounds to believe delivery could occur within the period agreed, or within a reasonable time.
The business advertised & sold small kitset buildings, including small sheds, outhouses & back-of-house offices, on the internet under various entity names including Kiwi-Built, Econobach, My DIY, DIY Kitsets & Builder’s Kitsets. Get Design subcontracted the manufacture of the kitset buildings to third parties.
Attribution: Commerce Commission release.