On the 1 st of December 2021 Mr Fuller contracted Tony, a local handyman, to do some renovation work on his bathroom. Tony agreed to a fee of 2,000 and promised to have the work completed by December 31st. Mr Fuller purchased all the material need for the job and paid Tony 1,000 in advance. They both agreed for the remaining 1,000 to be paid once the job has been completed. After spending one week on the job, Tony demanded another payment of 500. Mr Fuller refused his request based on their previous agreement. Tony was upset and did not return to complete the work. Mr Fuller also noticed that Tony had taken some of the material that he bought. He was very annoyed and wants to take Tony to court to recover his 1,000 and the stolen material since all attempts to contact him on his mobile phone have been futile.

The legal position of Mr Fuller with regards to claiming the 1,000 paid to Tony as well as recovering the stolen material