Amanda Young, of Lewisham, NSW, a former registered liquidator, has been charged with three counts of using her position dishonestly to gain an advantage under section 184(2) of the Corporations Act 2001 and one count of dishonestly obtaining a financial advantage by deception under section 192E(1)(b) of the Crimes Act 1900 (NSW) following an ASIC investigation.
ASIC alleges that between 10 December 2017 and 5 December 2018, Ms Young, while a liquidator of Admark Property Group Pty Limited, Roller Poster Company Pty Limited and Mamak Pty Limited, caused the transfer of a total of $73,140 from the liquidation bank accounts for those companies to bank accounts that she controlled and then used the funds for her own purposes.
ASIC also alleges that between 23 October 2018 and 2 November 2018, Ms Young, while a manager for the liquidation of St Gregory's Armenian School Incorporated, caused three bank cheques totalling $165,362 to be drawn in her favour from the St. Gregory's liquidation account and then deposited them to bank accounts that she controlled.
The maximum penalty for the charges brought under the Corporations Act 2001 is five years' imprisonment, 2,000 penalty units or both. The maximum penalty for the charges brought under the Crimes Act 1900 (NSW) is ten years' imprisonment, 1,000 penalty units or both.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
The matter has been adjourned for a further mention at the Downing Centre Local Court in Sydney on 8 September 2020.
Background
Ms Young was a registered liquidator and partner at Jirsch Sutherland Insolvency Solutions.
On 18 December 2018, ASIC suspended Ms Young's registration as a company liquidator following receipt of an application by her and she resigned from all her external administration appointments. Replacement external administrators from Jirsch Sutherland were then appointed by order of the Supreme Court of New South Wales (18-388MR).
On 3 June 2020, Ms Young's liquidator registration was cancelled after a disciplinary Committee found she was not a fit and proper person to be registered as a liquidator. The Committee concluded that Ms Young had improperly used her position, falsified books and misappropriated funds totalling $238,502.23 from four liquidations, namely Admark Property Group Pty Limited, Roller Poster Company Pty Limited, Mamak Pty Ltd and St. Gregory's Armenian School Incorporated (20-142MR).
