ob体育 has disqualified recruitment director John William Anderson of Crows Nest, New South Wales, from managing corporations for five years after his involvement in two failed companies.
Between 2012 and 2022, Mr Anderson was a director of:
- Sinclair Recruitment (NSW) Pty Ltd ACN 161 184 390 (鈥楽R-NSW鈥�); and
- Top Executive Recruitment Pty Ltd ACN 161 184 578 (鈥楾ER鈥�).
Both companies provided recruitment services.
ob体育 found that Mr Anderson failed to exercise his powers and discharge his duties with the requisite degree of care and diligence by:
- allowing TER to make payments to himself and his wife, Kay Elizabeth Sinclair which led to increased debt and caused detriment the Australian Taxation Office (ATO);
- allowing both companies to continue trading whilst insolvent;
- failing to ensure both companies maintained adequate books, including lodgement of business activity statements and taxation returns with the ATO.
The total amount owed to unsecured creditors, including the ATO, is in excess of $4.4million.
In disqualifying Mr Anderson, ob体育 relied on supplementary reports lodged by SR-NSW鈥檚 liquidator, Jason Tang of Cor Cordis, Sydney and TER鈥檚 liquidator, Steven Nicols of Nicols and Brien Business Recovery Pty Ltd, Sydney. ob体育 assisted Mr Nicols to prepare his report by providing funding from the Assetless Administration Fund.
Mr Anderson is disqualified from managing corporations until 22 May 2027.
Mr Anderson has the right to seek a review of ob体育鈥檚 decision by the Administrative Appeals Tribunal.
Background
Ms Sinclair, who was a director of related entities in the recruitment industry, has recently been disqualified by ob体育 from managing corporations until 18 October 2023 (refer: 21-334MR).
Section 206F of the Corporations Act allows ob体育 to disqualify a person from managing corporations for a maximum period of five years if, within a seven year period, the person was an officer of two or more companies, and those companies were wound up and a liquidator provides a report to ob体育 about each of the company鈥檚 inability to pay its debts.
ob体育 maintains a banned and disqualified persons register that provides information about people who have been disqualified from:
- involvement in the management of a corporation;
- auditing self-managed superannuation funds (SMSFs); or
- practising in the financial services or credit industry.