The Federal Court has disqualified Queensland director David Paul Hodgson from managing corporations for five years and permanently restrained him from engaging in financial services without an Australian financial services licence in an action brought by ASIC against Mr Hodgson and Paladin Group companies MacroLend Pty Ltd and Great Southland Limited, of which Mr Hodgson is the sole director.
The Australian financial services watchdog said in a statement earlier today that the court found Mr Hodgson, MacroLend and Great Southland each conducted an unlicensed financial services business between 2015 and 2023. This was of significant concern to ASIC as MacroLend and Great Southland raised around A$109m from investors during this time.
The court also found that Mr Hodgson and MacroLend engaged in what is called “very serious misleading or deceptive conduct” in claims they made in material provided to investors for investments in another company in the Paladin Group, Kradle Software Pty Ltd.
Mr Hodgson and MacroLend made a misleading claim that Kradle Software held intangible assets of $1.02bn when the balance sheet of Kradle Software recorded intangible assets of only $11,180, the ASIC report said. The court found Mr Hodgson’s valuation of $1.02bn was ‘entirely fanciful’.
In addition, Mr Hodgson and Macrolend made misleading claims that Macrolend would use substantially all of the funds obtained from investors to grow Kradle Software and that the Kradle Software product would achieve a public listing on an overseas stock exchange.
Great Southland, a Belize registered entity, was found by the Court to have been operating unlawfully in Australia while unregistered for more than six years.
Misconduct
ASIC Deputy Chair Sarah Court said: “This type of misconduct undermines trust and confidence in Australia’s financial services. Firms dealing in financial products have an obligation to be licensed which ensures customers are afforded key legal protections provided by an Australian financial services licence.
“ASIC took this action as it was concerned about the misrepresentations made by Mr Hodgson and MacroLend, which included making misleading or deceptive claims about investing in Kradle Software.”
In finding Mr Hodgson’s conduct :very serious’: Justice Sarah C Derrington said: ‘The requirement to hold an AFSL to carry on a financial services business is an important part of the regulatory framework for the protection of investors and that ‘Mr Hodgson adopted a laissez-faire approach to compliance with the financial services law’.
Mr Hodgson, MacroLend and Great Southland were ordered to pay ASIC’s costs.
