VIC: Dekech Pty Ltd and Kim Huee Lee - Enforceable undertaking


Victoria, Springvale-based company Dekech Pty Ltd and its director, Kim Huee Lee have admitted breaching the Australian Consumer Law (ACL) by supplying, offering and possessing hydraulic trolley jacks which failed to comply with safety standards.

In August 2011, Consumer Affairs Victoria inspectors seized more than 100 Mitsu brand Hydraulic Trolley Jacks from the business. Testing confirmed that the banned goods failed to comply with the mandatory safety standard as they did not have prescribed warning labels affixed.

The company - an importer, distributor and wholesaler of automotive accessories, parts, tools and equipment – confirmed that it acquired about 300 of the hydraulic trolley jacks in late 2010.

Mr Lee, on behalf of the company, gave an undertaking to the Director of Consumer Affairs Victoria to:

  • refrain from breaking the law by offering, supplying and possessing such banned goods
  • contact all customers to whom they sold the banned goods and who have not returned them, warning of their dangers and offering a refund
  • pay refunds to anyone returning the non-compliant goods
  • pay for the publication of a public product safety warning and recall notice on its website, at each of the company’s business premises for three months and in the Dandenong Leader newspaper
  • surrender all the banned hydraulic jacks and pay for their destruction and disposal
  • implement, maintain and have audited independently a compliance program designed to ensure no further contraventions.

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