Director of motor finance company convicted of concealing a company debt

An ASIC investigation found that in May 2014, while the company was under external administration, Mr Healy agreed to repay Affordable Finance Facilities Pty Ltd $6,691.90 on behalf of a third party who borrowed the money from the company before it was placed in external administration. 

After receiving payments from the third party, Mr Healy failed to pass on the money to Affordable Finance Facilities Pty Ltd. He subsequently provided false documentation to the administrator claiming the funds had been paid in full.

In handing down his decision at Bundaberg Magistrates Court, Magistrate William Smith stated that Mr Healy's conduct involved the intentional concealment of funds from external administrators and was an act of dishonesty.

ASIC commissioner John Price said that the matter came to ASIC's attention as a result of reports lodged by the external administrators of the company.

"ASIC values the detailed investigations into a company's affairs that are made by external administrators and this prosecution would not have been possible without that work," Mr Price said.  

"ASIC reminds directors that preferential payments made when a company is facing financial difficulties may constitute misconduct and ASIC will act to assist all creditors."

As a result of the conviction, Mr Healy is disqualified from acting in the management of a corporation until 17 March 2022.

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

[Related: Car yard lender to pay over $1.2m for breaching credit laws]