Shaobo Hu of Melbourne, Victoria, has been charged with fraud and breaching her directors’ duties, following an ASIC investigation.

ASIC alleges that Ms Hu was a director of Bydcafe Ashburton Pty Ltd, which owned and operated a business known as The Resident Café in Ashburton, Victoria.

ASIC alleges that on 3 August 2018, 23 August 2018 and 12 September 2018, Ms Hu authorised transactions to be made from the bank account of Bydcafe that benefited a related company known as Shang Shang Investments Pty Ltd and caused detriment to Bydcafe.

ASIC also alleges that on 17 October 2018, Ms Hu offered a payment plan to the Australia Taxation Office that included false representations for the purpose of deferring the payment of a debt owed to the Deputy Commissioner of Taxation.

ASIC commenced its investigation into Bydcafe after receiving a liquidators report from Bruce Mulvaney of Bruce Mulvaney and Co, who was appointed liquidator of Bydcafe on 19 October 2018. Mr Mulvaney received funding to prepare the report from the Assetless Administration Fund.

Ms Hu appeared before Melbourne Magistrates’ Court on the charges on 7 July 2022 and 1 September 2022.

The matter is next listed for hearing at the Melbourne Magistrates’ Court on 20 October 2022.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

Using one’s position as a director dishonestly with the intent to gain an advantage for another person or to cause detriment to the company is a breach of section 184(2) of the Corporations Act 2001. At the time of the alleged offending, when prosecuted in the Magistrates Court, s184(2) carried a maximum penalty of 60 penalty units, imprisonment for one year, or both.

Dishonestly obtaining a financial advantage by deception from a Commonwealth entity is a contravention of sections 11.1(1) and 134.2(1) of the Criminal Code (Cth). At the time of the alleged offending, when prosecuted in the Magistrates Court, section 134.2(1) carried a maximum penalty of 120 penalty units, imprisonment for two years, or both.

Editor's note 1:

On 20 October 2022, the matter was adjourned to 30 November 2022.

Editor's note 2:

On 30 November 2022, the matter was adjourned to 31 March 2023 for a plea hearing.

Editor's note 3:

On 31 March 2023, the matter was adjourned to 28 July for a plea hearing.