Paul Annesley of Bulla, Victoria, has been sentenced without conviction to a six-month good behaviour bond after pleading guilty to failing to answer questions during a liquidator’s public examination.
Mr Annesley was summonsed to appear at the Supreme Court of Victoria on 24 February 2017 to take part in a public examination conducted by Jason Stone and Glen Franklin of PKF Australia, liquidators appointed to Fleurie Pty Ltd (in liquidation).
The liquidators believed Mr Annesley was a shadow director of Fleurie and sought to examine him about his involvement in, and knowledge of, the affairs of the company. However, during the public examination, Mr Annesley refused to answer questions about Fleurie, despite being warned by the Judicial Registrar that he was legally required to.
Mr Annesley pleaded guilty in the County Court of Victoria on 14 June 2022. In sentencing, the judge took into account Mr Annesley’s personal circumstances at the time and the fact that he had no prior criminal history.
The Commonwealth Director of Public Prosecutions prosecuted the matter after a referral from ASIC.
Background
Mr Annesley was found guilty of failing to comply with a direction by a court to answer questions pursuant to section 597 of the Corporations Act 2001.
Mr Annesley first appeared before court on these charges on 7 May 2019 (19-120MR).