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Mr Andre Kunz of Kenthurst, NSW has been convicted of breaching his directors’ duties.
Mr Kunz is the former director of Total Hoarding Supplies Pty Ltd ACN 107 987 271 (Deregistered) (Total Hoarding Supplies) and Sybab Pty Ltd ACN 144 935 311 (Deregistered) (Sybab) which later became Abbar Pty Ltd. The companies supplied components for hoardings and overhead protection structures for construction sites.
ASIC’s investigation found Mr Kunz dishonestly and recklessly transferred $2,017,299.12 in assets from Total Hoarding Supplies to Sybab between 1 July 2010 and 13 July 2011. The consideration for the asset transfer was a 20-year loan at 8% interest per annum with the principal and interest payable at maturity and no repayment to be made before such time. Total Hoarding Supplies was subsequently unable to continue to trade and generate cash flow to be able to meet its liabilities leading to the company’s insolvency.