Two now-defunct companies and their directors have been fined in the Perth Magistrates Court for taking excessive deposits from clients for patios, pergolas and shade systems, then failing to deliver the products or any materials.
In three prosecutions brought by Building and Energy, Sunlite Residential Pty Ltd, Sunlite Innovations Pty Ltd, director Kerry Gordon Moir (BP8840) and another director were found to have demanded payments of more than 12 times the maximum deposit allowed under the Home Building Contracts Act 1991.
Under the Act, which applies to home building work valued between $7,500 and $500,000, the maximum deposit a person can request is 6.5 per cent of the contract price before building work commences. Progress payments can only be sought when services or materials have been provided.
In all three cases, the companies demanded up-front payments of 80 per cent of the contract price, described as a 30 per cent deposit and a 50 per cent “progress claim”, before materials would be manufactured. These amounts were required to be paid before any work commenced on site and before services or materials were provided.
In court on 6 October 2025, Sunlite Residential was fined $15,000 for the excessive deposit in relation to a pergola installation in Leederville where the homeowner did not receive the pergola or any materials.
Sunlite Innovations was fined $30,000 after the company demanded 80 per cent payments before any work began on a new louvre shade system in Victoria Park and a patio with adjustable louvres in Winthrop. In both cases materials were not delivered and work was not commenced.
Sunlite Residential is now the subject of strike-off action through ASIC and a liquidator has been appointed to Sunlite Innovations.
As company directors, Mr Moir and another person, who is not named because the court granted a spent conviction, were fined $3,200 and $3,000 respectively.
Building and Energy Executive Director Daniel Kearney said the cap on deposits was an important protection for consumers to ensure that builders did not take large amounts of money from customers and then not deliver what had been agreed.
“All building service providers have serious obligations they must meet to ensure compliance with the law,” Mr Kearney said.
“These two companies and their directors took advantage of unsuspecting people and accepted money they were not entitled to.”
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Media contact: BEmedia@lgirs.wa.gov.au
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