Mr Allan Ronald Saunders, of Stafford Heights, Queensland has been charged with thirteen counts of breaching his director duties.

ASIC alleges that between 13 April 2015 and 22 September 2015, Mr Saunders, the sole director of Metropolitan Design Pty Ltd ACN 144 816 240 (Metropolitan Design) at this time, redirected debtor payments that were owed to Metropolitan Design to his personal sole trader bank account.  In doing so, Mr Saunders used his position dishonestly with the intention of gaining an advantage for himself.  

Metropolitan Design was placed into liquidation on 30 September 2015 and owed its sole creditor, the Australian Taxation Office (ATO), $235,626. By denying the ATO access to the money transferred to his personal sole trader bank account, Mr Saunders engaged in illegal phoenix activity.

Mr Saunders appeared before the Sandgate Magistrates Court on 17 September 2018 and  did not enter a plea.

The matter was adjourned for mention on Monday 19 October 2018, at Pine Rivers Magistrates Court.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

Mr Saunders has been charged with thirteen counts of s184 of the Corporations Act 2001 (Commonwealth).

ASIC commenced an investigation after receiving a report from the liquidator of Metropolitan Design, Mr Anthony Warner. ASIC funded Mr Warner from the Assetless Administration Fund.

ASIC is a member of the Phoenix Taskforce, which comprises federal, state and territory government agencies who collaborate to combat illegal phoenix activity. The aim of the Phoenix Taskforce is to provide a whole-of-government approach to identify, disrupt and prosecute those who engage in or facilitate illegal phoenix activity.

Suspected phoenix activity can be reported to the Phoenix Taskforce on 1800 060 062 or online at the ATO website.

Editor's note 1:

Following a hearing at the Pine Rivers Magistrates' Court on 19 October 2018, the matter was adjourned to 16 November 2018 for sentence.