Mr Colin Zampatti, of Hope Island Queensland, has appeared at the Southport Magistrates’ Court charged with breaching his directors’ duties.
The charge relates to Mr Zampatti’s conduct as a director of R.C.G. Pty Ltd, which owned and operated a business known as Quinns Quarry at Neerabup, Western Australia, and owned land in that area.
ASIC alleges that in April 2018, Mr Zampatti placed R.C.G. Pty Ltd into liquidation without disclosing to the appointed Liquidator particulars of a pre-existing lease, which had been entered into with an unrelated third party tenant, for use of land owned by R.C.G. Pty Ltd.
It is also alleged that after placing the company into liquidation, Mr Zampatti continued to invoice and collect rental income payable under the terms of the lease, without disclosing his conduct to the company’s liquidator. The alleged invoice rendered in the name of the company, without the liquidator’s consent, totalled $2,338.60.
The matter is next listed for 17 January 2022.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
Background
A director is required to disclose all of the assets and liabilities of the company to an appointed liquidator, and not use their position for their own benefit and to the detriment of the company.
Breach of directors’ duties is an offence under the Corporations Act and, at the time of the conduct, carried a maximum term of five years imprisonment.
R.C.G. Pty Ltd is deregistered, it held A.C.N. 008 781 539
