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Both were involved in the failure of multiple companies and owed more than $20 million combined.
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ASIC disqualifies two directors
08 June 2022
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Former recruitment director John Williams Anderson has been disqualified from managing corporations for five years after his involvement in two failed companies.
The total amount owing to unsecured creditors, including the ATO, was in excess of $4.4 million.
Between 2012 and 2022 Mr Anderson was a director of two companies that provided recruitment services, Sinclair Recruitment Pty Ltd and Top Executive Recruitment Pty Ltd.
To come to its decision to disqualify Mr Anderson ASIC relied on supplementary reports lodged by both Sinclair Recruitment’s liquidator, Jason Tang of Cor Cordis, and Top Executive Recruitment’s liquidator, Steven Nicols of Nicols and Brien Business Recovery.
ASIC found that Mr Anderson failed to exercise his powers and discharge his duties with the necessary degree of care and diligence.
One example of this that ASIC found was allowing Top Executive Recruitment to make payments to himself and his wife, which led to increased debt and caused detriment to the ATO.
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Mr Anderson was also found to have allowed both companies to continue trading whilst insolvent.
ASIC also discovered that he failed to ensure both companies maintained adequate books, including lodgement of business activity statements and taxation returns with the ATO.
Mr Anderson is disqualified from managing corporations until 22 May 2027.
The second director disqualified from managing corporations by ASIC was Glenn Gaudet for his involvement in the failure of four companies.
Between November 2015 and February 2021, Mr Gaudet was the sole director of four companies, Strategic Allied Health Pty Ltd, Strategic Equity Alliance Holdings Pty Ltd, Australian Dental Network Pty Ltd and Strategic Alliance Health Pty Ltd.
All four companies operated in the corporate health services industry.
At the time of winding up, the four companies owed a combined total of over $17.3 million to unsecured creditors.
ASIC found that Mr Gaudet acted improperly and failed to meet his obligations as director. To reach its decision ASIC relied on a supplementary report lodged by Strategic Allied Health Pty Ltd’s liquidator, Andre Lakomy of Cor Cordis.
One example of this failing included not having the companies comply with their tax obligations.
Mr Gaudet was also found to not ensured companies had sufficient working capital and failed to prevent a company from incurring debts when it was insolvent.
ASIC has disqualified Mr Gaudet from managing corporations until 24 May 2025.
Both Mr Anderson and Mr Gaudet have the right to seek a review of ASIC’s decision by the Administrative Appeals Tribunal.
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