A Melbourne couple who had 26 filthy mattresses dumped on their driveway after posting a bad online review for a company have scored a significant legal victory.
Laura and Jarrod Maultby’s dispute with trash collection company Junk erupted into a lengthy legal war costing more than $200,000 and left them fearing they could be forced to sell their home.
The Maultbys, from Langwarrin, in Melbourne’s southeast, had been fighting the legal battles in Victoria and Queensland but now three separate courts have come down on their side.
The Daily Mail recently revealed Queensland District Court dismissed Junk’s claim in that court and awarded the couple costs.
Just last month, another legal action in the Victorian Civil and Administrative Tribunal (VCAT) was thrown out, leaving the Maultbys fighting a single battle in the Supreme Court of Victoria.
Now that court has come down on the side of the family and awarded them indemnity costs.
Ms Maultby told the Daily Mail the court win was some ‘relief’ for her family but their battle continues.
‘The court recognised it was unfair, they’ve recognised it hasn’t been handled well,’ Ms Maultby told the Daily Mail.
Laura Maultby told the Daily Mail the court win was some ‘relief’ for her family but their battle continues
The Maultbys had been fighting costly legal wars in Victoria and Queensland but now three separate courts have come down on their side
Junk dumped 26 mattresses at the Maultbys Langwarrin property in a dispute over a $500 bill
‘The judge quoted the situation, like how they [Junk] handled the case, how it lacked diligence and competence. Who could believe it could happen to ordinary people?’
The saga began when they asked Junk to dispose of a small pile of rotting wood in their yard.
They were hit with a $514 bill for the job in June last year, but the couple claim they hadn’t expected the service to be so expensive and didn’t pay.
Junk argued the price had been clearly outlined.
Buried in the company’s terms and conditions was one line that would later come back to haunt them: if a bill went unpaid, Junk could return ‘an equivalent amount of waste’ to the customer’s property.
Not long after, the Maultbys say, 26 old, dirty mattresses were dumped outside their home.
This triggered Ms Maultby’s negative reviews about her experience with the company.
Junk then launched a series of legal actions, claiming the family had ‘disparaged’ the business and caused it to lose revenue.
The original pile of trash the Maultbys hired Junk to remove
Ms Maultby said even though costs have been awarded in two courts they were still chasing the money and it is uncertain how much or when they will get paid.
‘It’s still ongoing unfortunately, and the process to work out the end amount of the costs is still continuing.
‘We see it as a win because we felt the legal proceedings have been so unfair, but the court [has now] realised it was unfair,’ she said.
‘They’ve recognised the unnecessary costs and the stress we’ve been put through.
‘It gives me relief that the courts saw how unfairly the situation was handled.
‘We’ve got overwhelming support from the public. Ordinary people shouldn’t have to deal with what we have been through.
‘People are allowed to bring claims and you have to defend yourself and that’s the thing that people find difficult to understand and shocking, [that] an ordinary person can be put in this situation.
‘I hope our experience shines a light on how drawn-out and damaging legal cases are for ordinary people.’
Ms Maultby said even though costs have been awarded in two courts they were still chasing the money and it is uncertain how much or when they will get paid
Ms Maultby also said she hoped the costs can be sorted out quickly so she can repay her elderly retiree parents.
‘We’re relieved we’ve had three wins but the future is still uncertain, we just want the costs paid so we can repay our elderly parents,’ she said.
‘They should be enjoying their retirement but they gave us the money to pay for legal costs, that’s really hard to swallow.’
Ms Maultby said more than $20,000 raised through GoFundMe has been spent on legal costs which will ‘never be recuperated’.
‘We’re still paying lawyers to chase costs in Queensland, even though you’re awarded costs, you still need to chase the money.
‘It’s really awful, unfortunately it continues but we’ll just keep going,’ she said.
Ms Maultby said the Junk claim is still pending in the Supreme Court and their family home was still on the line.
‘It’s harrowing, it’s been a nightmare, it’s been the worst 12 months of our lives to be honest,’ Ms Maultby told the Daily Mail.
The mattresses viewed from inside the home
The company has claimed its weekly revenue dropped by more than $25,000 after the Maultbys’ reviews were posted across TikTok, Google and review sites.
According to court documents obtained by Daily Mail Australia, Junk accused the family of posting six separate ‘false’ reviews in June last year, including comments that the business ‘rips off and scams customers’ and ‘charges more than its quotes’.
The company also rejected claims its owner, Richard Furnari, made ‘many calls in quick succession’ to the couple in a ‘harassing manner’.
Ms Maultby previously told the Daily Mail how the ordeal has taken a brutal toll on their family.
‘This process has taken a huge toll on our young family, both emotionally and financially, but we’re incredibly grateful for the support we’ve received from our friends, our amazing lawyers and our community,’ Ms Maultby said.
‘And of course, we’re thankful to our family, our future is unclear unfortunately and we’re just focusing on keeping positive for our girls who have been badly affected, but I do have faith in the court systems and good people.’