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NSW company director convicted after engaging in phoenix activity



News

By Loren Webb

Ms Soutsakhorn Chanthabouly (known as Nicole Khammenathy) of Carnes Hill, NSW has been convicted and sentenced after pleading guilty to charges related to illegal phoenix activity.

Ms Chanthabouly was charged with one count of breaching her director duties and another count of destroying company records, following an investigation by ASIC. She was sentenced to a one-year, $500 good behavior bond and ordered to pay $22,000.00 in reparation.

Ms Chanthabouly, a shadow director of MK Asbestos Removal Pty Ltd ACN 142 918 590 (the Company) operated a business of asbestos removal services in New South Wales.

The Court’s handing down of the conviction follows an ASIC investigation which found that on or about 6 February 2014, Ms Chanthabouly transferred $22,000 from the Company bank account to the bank account of Express Asbestos Removals Pty Ltd ACN 167 780 583, a company of which she was director. In doing so, Ms Chanthabouly used her position dishonestly with the intention of gaining an advantage for herself and Express Asbestos Removals Pty Ltd.

The investigation also found that between 3 February 2014 and 19 August 2014, Ms Chanthabouly destroyed the books of the Company.

The Company was subsequently placed into liquidation on 3 February 2014.  At the time, the Company owed $78,153.90 to the Australian Taxation Office (ATO) and $19,807.86 in unpaid premiums for workers compensation insurance. By removing Company funds, Ms Chanthabouly intentionally denied the ATO access to money owed to it.

ASIC commenced an investigation after receiving a funded report from the liquidator of the Company, Robyn Duggan of Ferrier Hodgson. ASIC provided funding to the Liquidator from the Assetless Administration Fund.

Ms Chanthabouly was convicted and sentenced on 16 May 2019. As a result of her conviction, Ms Chanthabouly is automatically disqualified from managing corporations for five years from 16 May 2019.

The Commonwealth Director of Public Prosecutions prosecuted the matter.