Five months after being ordered to pay $3.15 million in penalties to NSW Fair Trading, Android Enjoyed is yet to make the payment.
Speaking at ACCANect 2019, Commissioner for NSW Fair Trading Rose Webb said the win in the Supreme Court of NSW had set a good precedent, however the state government agency was yet to get the money from Android Enjoyed.
In April, the online electronics retailer responsible for Android Enjoyed and Camera Sky – Digital Marketing Services – was found to have contravened the Australian Consumer Law and was ordered to pay $2.25 million in penalties while its director, Yuen Ho Wong, was ordered to pay $900,000.
Webb said that NSW Fair Trading faced difficulties from the beginning in having trouble contacting the company as it was based overseas.
"So, because this company was based in Hong Kong, we did have a few issues at the beginning about serving our proceedings against them, but we eventually managed to do that. We are having a few issues about actually obtaining the penalty," she said.
Android Enjoyed and Camera Skies were listed several times on the Fair Trading Complaints Register, a monthly list of businesses that were the subject of 10 or more complaints. At the time the Supreme Court decision came through Android Enjoyed alone had appeared 17 times on the register.
"Complaints received indicated that on numerous occasions, Android Enjoyed and Camera Sky failed to supply mobile phones, cameras and camera accessories within a reasonable time or did not supply them at all," Webb said at the time of the judgement.
"The company further failed to repair defective goods and failed to provide a refund within a reasonable time."
In September 2016, NSW Fair Trading put out the first warning against the company alerting consumers to not deal with the company.
In November of the same year, Android Enjoyed was top of the list with 31 complaints. Between January 2017 and July 2018, Fair Trading received 637 consumer complaints on purchases made through both businesses.