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16-232MR Former mortgage broker charged with giving misleading information to lender
Ms Jianyong (Jenny) Mao, of South Brisbane, Queensland, has appeared in the Southport Magistrates' Court on a charge brought by ASIC of giving documents to a lender that were materially misleading.
ASIC alleges that in May 2011, Ms Mao caused documents, including banks statements and application forms which were materially misleading, to be given to a lender in support of a home loan application. ASIC alleges that the loan was subsequently granted on the basis of these documents.
At a hearing on 18 July 2016, the matter was adjourned to 5 September 2016.
The Commonwealth Director of Public Prosecutions (CDPP) is prosecuting the matter.
Ms Mao operated a home loan broking company, Diamond Lady Group Pty Ltd (Diamond Lady Group) which held an Australian credit licence from 2010 until 2014.
Ms Mao was charged by ASIC under section 33(2) of the National Consumer Credit Protection Act 2009 in relation to her conduct while she was engaging in credit activity. Section 33(2) (the predecessor to s160D) makes it an offence for a person engaging in credit activities to give false or misleading information or documents to another person.
Editor's note 1:
The media release has been updated to reflect that Ms Mao first appeared in the Southport Magistrates' Court on 18 July 2016, not the Brisbane Magistrates' Court.
Editor's note 2:
The matter will next be heard for mention on 7 November 2016.
Editor's note 3:
The trial of Ms Mao has been listed for hearing on 3 to 4 April 2017.
Editor's note 4:
The trial of Ms Mao did not proceed on 3-4 April 2017. A further hearing of the matter will take place on 10 May 2017.
Editor's note 5:
On 20 March 2017, the CDPP sought to adjourn the summary trial order to allow a key and overseas-based prosecution witness to attend to give evidence. The Court refused to adjourn the hearing. On 10 May 2017, the CDPP formally offered no evidence on the charge and the charge was dismissed by the Southport Magistrates' Court (refer: 17-141MR).