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21-035MR Gold Coast brothers charged with failing to comply with notices
Sonny Micheal Nugent and his brother, Ashley Kevin Nugent, both from the Gold Coast, Queensland, appeared on 01 March 2021 in Southport Magistrates Court charged with failing to comply with notices issued under the ASIC Act.
Each brother is charged with two instances of failing to comply with a requirement under section 33 of the ASIC Act 2001 to produce books and records to ASIC on 28 January 2021.
ASIC requested the books and records in the course of an investigation.
Not producing books and records to ASIC when required carries a maximum penalty of two years imprisonment and/or a fine of $53,280.
Each defendant was granted bail on their own undertaking and the matter was adjourned until 19 April 2021 for further mention.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
The matters concerning Sonny and Ashley Nugent were before Southport Magistrates Court on 19 April 2021 for mention. Both matters have been adjourned to Southport Magistrates Court for further mention on 7 June 2021.
Editor's note 2:
On 7 June 2021, the matter was adjourned for further mention on 5 July 2021 at the Southport Magistrates Court.
Editor's note 3:
On 10 June 2021, for Sonny Nugent, the date for the next mention was changed to 21 June 2021 at the Southport Magistrates Court.
For Ashley Nugent, the next mention remains as 5 July 2021 at the Southport Magistrates Court
Editor's note 4:
On 21 June 2021, Sonny Nugent’s matter was adjourned for further mention on 11 August 2021, at the Southport Magistrates Court.
Editor's note 5:
On 5 July 2021, Ashley Nugent’s matter was adjourned for further mention on 19 July 2021 at the Southport Magistrates Court.
Editor's note 6:
On 19 July 2021, a summary hearing was set for 2 September 2021, at the Southport Magistrates Court, in relation to Ashley Nugent’s matter.
Editor's note 7:
On 11 August 2021, Sonny Nugent's matter was listed for a summary trial in the Southport Magistrates court on 23 August 2021. Ashley Nugent is listed for a summary trial in the Southport Magistrates court on 2 September 2021.
Editor's note 8:
On 23 August 2021, the summary trial in relation to Sonny Nugent was held before Magistrate Finger of the Queensland Magistrates' Court, regarding two charges for failure to comply with a notice to produce books.
Magistrate Finger found:
- there was no case to answer in relation to charge one and dismissed the charge; and
- the accused not guilty in relation to charge two.