The Supreme Court has made a permanent order for a Tapping salesman to never again be involved in retail air conditioning sales to WA consumers as a result of further legal action taken by Consumer Protection.
Alwyn Robert Healy has been the subject of numerous public warnings and legal actions involving Consumer Protection since 2002. He has operated under various trading names, the most recent being R.E.A.C.T.Air.
On 23 December 2021, the Supreme Court permanently restrained him from having involvement in any capacity in the retail sale, supply, installation, negotiation or acceptance of orders for any air conditioning system for personal use, either as an owner, manager or employee. He was also ordered to pay a total of $10,500 in compensation to two recent customers.
In reasons for her decision to order a permanent injunction, Justice Archer noted: "In my view, it is almost inevitable that Mr Healy will continue to breach the consumer legislation if he is not restrained.
Her Honour added: "Mr Healy has no insight into his behaviour. There is no reason to think Mr Healy may change his behaviour due to remorse. He shows no remorse. Mr Healy's dealings with customers shows that he prioritises his own interests over dealing fairly and honestly with consumers."
Consumer complaints over many years mostly related to Mr Healy's claims that the air conditioning systems that he sold would both cool and heat when there was no heating function. He also accepted substantial deposits but failed to install the systems within a reasonable time, or at all.
The latest legal action was launched when Mr Healy breached an enforceable undertaking, signed in July 2015, which prevented him from being involved in the industry for five years. Eight months before the undertaking expired, Mr Healy began advertising and then supplying his products and services, with four complaints from consumers being received. The Supreme Court declared that the undertaking had been breached.
Acting Commissioner for Consumer Protection Penny Lipscombe said she hoped that the permanent ban will see an end to this long-running matter.
"For almost twenty years, we have been issuing warnings and taking numerous actions against Mr Healy as complaints and the amount of money he owed his customers mounted," Ms Lipscombe said.
"I believe Mr Healy has proven himself incapable of working for or operating an air conditioning business without contravening consumer laws. He has shown contempt for the law, as well as for many of his customers who rightfully deserve to get exactly what they ordered and within a reasonable time.
"Despite numerous court orders requiring Mr Healy to pay compensation to his customers, most have been left out of pocket. One judgement alone awarded $127,000 in damages but nothing has been paid.
"I hope this latest Supreme Court decision will be the finale to this saga. Mr Healy's activities will be closely monitored to ensure he complies with the ban."
If any consumer is approached by Alwyn Healy relating to aircon sales, please lodge a complaint via the Consumer Protection website
