Business Crime: undischarged bankrupt guilty of managing a company
Mr Mark Geoffrey Whitehouse of Corlette, New South Wales, Australia has been convicted of managing MGW Roofing (Newcastle) Limited.
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MGW Roofing Pty Ltd, MGW Roofing (Newcastle) Pty Ltd, MGW Roofing (Sydney) Pty Ltd and MGW Construction Pty Ltd were placed into liquidation on 22 May 2006 owing more than AUD4.3 million.
But investigations showed that Whitehouse, who was made personally bankrupt prior to that date, had continued to manage the company. In May, he was fined AUD1800 and ordered to pay costs.
However, ASIC, the Australian companies regulator, considered that he had not so much managed as mismanaged the company and brought separate proceedings alleging a breach of his duties as a director.
Whitehouse was convicted of that offence on 24th September 2009 and sentenced to 350 hours community service.
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