Director
addresses on company office records are valid for letters sent banning
directors from managing any company even when the address is no longer current.
Yosef Chtouki
challenged a Ministry of Business notice banning him from acting in company
management for a period of four years starting late November 2012. This after being subsequently convicted of
breaching the notice. He said he had
never received any official notice of a ban.
Previously, Chtouki had been involved with a number of companies which
raised Companies Office concerns: Beauty Management Riccarton Ltd, Pink Doll
Ltd, Hairstyle Management Eastgate Ltd and Hairstyle Management The Palms Ltd. He had managed companies using various
aliases including: Ricardo Santoro, Shamir Doutros and Paco Mani.
Chtouki, while working
under the name Joseph Brooks, received adverse media publicity with allegations
patrons using his hair salons suffered scalp and hair injuries.
Justice Whata said
there was evidence that Chtouki had been advised by his then lawyer that
Companies Office staff were investigating his commercial activities and that a
banning order might follow. Subsequent
notice of a four year ban was posted out to the multiple director addresses
listed on Companies Office files for Chtouki’s many companies. Directors are obliged to keep the public
register at the Companies Office up to date.
A listed address amounts to a person’s “last known address” for sending
official notices until a company is struck off, Justice Whata said. One letter for one company was returned,
undelivered as addressee unknown. An
undelivered letter does not amount to effective notice of any ban.
Chtouki was also
convicted of making a false statement on the company register for the address
of a shareholder in Bungamogoo Pty Ltd.
Chtouki
v. Ministry of Business – High Court (8.03.17)
17.021