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Tuesday 16 November 2021

21-304MR Former company director from Queensland charged with breaching directors’ duties

Mr Colin Zampatti, of Hope Island Queensland, has appeared at the Southport Magistrates’ Court charged with breaching his directors’ duties.

The charge relates to Mr Zampatti’s conduct as a director of R.C.G. Pty Ltd, which owned and operated a business known as Quinns Quarry at Neerabup, Western Australia, and owned land in that area.

ASIC alleges that in April 2018, Mr Zampatti placed R.C.G. Pty Ltd into liquidation without disclosing to the appointed Liquidator particulars of a pre-existing lease, which had been entered into with an unrelated third party tenant, for use of land owned by R.C.G. Pty Ltd.

It is also alleged that after placing the company into liquidation, Mr Zampatti continued to invoice and collect rental income payable under the terms of the lease, without disclosing his conduct to the company’s liquidator.  The alleged invoice rendered in the name of the company, without the liquidator’s consent, totalled $2,338.60.

The matter is next listed for 17 January 2022.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

A director is required to disclose all of the assets and liabilities of the company to an appointed liquidator, and not use their position for their own benefit and to the detriment of the company.

Breach of directors’ duties is an offence under the Corporations Act  and, at the time of the conduct, carried a maximum term of five years imprisonment.

R.C.G. Pty Ltd is deregistered, it held A.C.N. 008 781 539

Editor's note:

On 17 January 2022, the matter was adjourned to 21 February 2022.

Editor's note 2:

On 21 February 2022, the matter was adjourned to 21 March 2022.

Editor's note 3:

On 21 March 2022, the matter was adjourned to 16 May 2022.

Last updated: 16/11/2021 12:00