21-132MR Director charged with breaches of directors’ duties

Peter Ross Dunkley of Clovelly, NSW, has been charged with three counts of breaching his directors’ duties.

Mr Dunkley was the sole director of APD Building Pty Ltd (ACN 108 239 845 (In Liquidation) (APD). APD operated as a residential building contractor in NSW.

On 19 July 2017, Mr Dunkley appointed voluntary administrators to APD as the company was insolvent or likely to become insolvent.

Following an investigation, ASIC alleges that between 19 July 2017 and 16 August 2017, Mr Dunkley issued three invoices totalling $55,517 to a debtor of APD for works performed by APD. The invoices were issued with instructions that payments be made to a bank account held in Mr Dunkley’s personal name. The debtor subsequently paid the invoices to Mr Dunkley’s account as instructed.

ASIC alleges that Mr Dunkley dishonestly used his position as a director with the intention of directly or indirectly gaining an advantage for himself or someone else.

Mr Dunkley appeared in the Downing Centre Local Court on 1 June 2021. The matter was adjourned for further mention on 22 June 2021 at the Downing Centre Local Court.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

On 19 July 2017, Riad Tayeh and Suelen McCallum were appointed as joint and several voluntary administrators of APD.

On 18 August 2017, Christopher Palmer was appointed the liquidator of APD. ASIC commenced its investigation after receiving a supplementary report from Mr Palmer which was funded from the Assetless Administration Fund.

At the time of the conduct, a contravention of s184(2)(a) of the Corporations Act 2001 attracted a maximum penalty of 2000 penalty units or imprisonment for five years, or both.

Editor’s note:

Mr Dunkley appeared at the Downing Centre Local Court on 22 June. The matter has been adjourned to 6 July 2021 for defence to obtain instructions.

Editor’s note 2:

The matter was heard on 6 July 2021 and Mr Dunkley entered a plea of not guilty. The matter was adjourned for further hearing on 24 August 2021.

Editor’s note 3:

On, 24 August 2021, Mr Dunkley entered pleas of guilty to all three charges and the matter has been adjourned to 19 October 2021 for sentence

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