Matthew Daniel Clarkson of Mermaid Beach, Queensland has pleaded guilty to making a false or misleading statement to ASIC.

Mr Clarkson is a former director of Bidding Buzz Pty Ltd (Deregistered) ACN 123 830 213 (Bidding Buzz). Bidding Buzz promoted and offered self-directed and personal mentoring courses to learn about selling on eBay.

An ASIC investigation found that Mr Clarkson lodged a document with ASIC to voluntarily deregister Bidding Buzz on 25 July 2019. Mr Clarkson falsely declared in the document that Bidding Buzz had no outstanding liabilities. As at 25 July 2019, Bidding Buzz owed $20,059 to a creditor.

Mr Clarkson was convicted and fined $2,000. In addition to being convicted, Mr Clarkson is disqualified from managing corporations until 15 November 2025.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Mr Clarkson appeared in the Southport Magistrates Court on 16 November 2020 and plead guilty to a making false or misleading statement to ASIC contrary to s1308(2) of the Corporations Act (the Act). 

At the time of the conduct, the maximum penalty in relation to an offence against section 1308(2) of Act was 200 penalty units and/or five years imprisonment, or both.

Editor's note

Mr Clarkson filed an appeal and the matter was mentioned in the Southport District Court on 19 May 2021.  The appeal has been set down for hearing on 22 July 2021 in the Southport District Court.

Editor's note 2:

The appeal was heard in the Southport District Court on 22 July 2021 before Judge Kent QC. His Honour reserved his decision, which is to be handed down on a date to be fixed.

Editor's note 3:

On 2 August 2021, judgment was delivered by Judge Kent QC. His Honour dismissed Mr Clarkson’s appeal and found that there was no relevant error identified in the originating hearing, nor was the sentence manifestly excessive.