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media release (21-085MR)

Disqualification of former director of property development companies set aside by AAT

Published

On 7 August 2020, the Administrative Appeals Tribunal (AAT) set aside ASIC’s decision to disqualify Mr Kenneth Wen Hsi Lee from managing corporations in the matter of Lee and ½ñÈÕÈÈÃÅʼþ [2020] AATA 2661 (7 August 2020). Read the .

The AAT determined that, even though the discretion to disqualify under 206F was enlivened, having weighed-up all the considerations the correct or preferable decision was that Mr Lee should not be denied the opportunity to be a director.

Background

Mr Lee was a former director of S.E.T Services Pty Ltd (SET) and Sydney Project Group Pty Ltd (SPG), both wound-up land-owning companies involved in a property development known as ‘Skypoint Towers’ in Lidcombe, New South Wales.

On 15 October 2019, ½ñÈÕÈÈÃÅʼþmade an order disqualifying Mr Lee from managing corporations for a period of two years.

On 31 October 2019, ASIC’s disqualification order took effect after service of the order on Mr Lee.

On 2 December 2019, Mr Lee applied to the AAT for review of the decision.

On 7 August 2020, the AAT set aside ASIC’s decision.

Further background information can be found in ½ñÈÕÈÈÃÅʼþmedia release 19-310MR entitled ‘½ñÈÕÈÈÃÅʼþbans former director of property development companies from managing corporations’.

½ñÈÕÈÈÃÅʼþhad previously published a reference to the AAT’s decision on its website on 17 August 2020, by way of an Editor’s Note made to 19-310MR.