Media Release: QLD (PAGE) – Ex-bankrupt pleads guilty to concealing boat and obtaining goods and services without disclosing bankruptcy

Thursday, November 15, 2018

On 12 November 2018, Mr Phillip William Page of Townsville pleaded guilty to three charges in the Townsville Magistrate’s Court for concealing a boat he had an interest in, and for two charges of obtaining goods and services without disclosing his bankruptcy to the provider of those goods and services.

On 1 August 2013, Mr Page became bankrupt after filing a Debtor’s Petition and Statement of Affairs with the Official Receiver in Bankruptcy.

In February 2015, while he was still bankrupt, Mr Page purchased a boat called ‘Rare Breed’ after being advised that the vessel would need extensive repair and had been out of the water for 10 years. Mr Page then engaged two companies to repair the boat: Onshore Marine Pty Ltd for engine works, and KLM Electrics Pty Ltd for electrical works.

This resulted in Mr Page accruing a debt of over $12,000 to Onshore Marine, and approximately $8,000 to KLM Electrics. Mr Page made intermittent payments to Onshore Marine totalling $4,000 and KLM Electrics totalling $2,500. He only declared his bankruptcy to Onshore Marine and KLM Electrics once they demanded payment of the outstanding debts.

During his bankruptcy, Mr Page did not disclose his ownership of the ‘Rare Breed’ to the Official Trustee in Bankruptcy. It is an offence under the Bankruptcy Act 1966 to conceal assets that may be sold by the Trustee for the benefit of creditors.

In sentencing, Magistrate Steven Mosch said that he had regard to the nature and circumstances of the offending, the defendant’s pleas of guilty and his personal circumstances. Mr Page was convicted of three charges. In relation to two of the charges he was released on recognisance in the sum of $2000 on the condition he be of good behaviour for 2 years. In relation to the third charge he was released on recognisance in the sum of $1000 on the condition he be of good behaviour for 2 years.

The matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions.

Additional information:

  • On 12 November 2018, Mr Phillip William Page plead guilty to three charges in the Townsville Magistrate’s Court for concealing a vessel he had an interest in from his Trustee (one charge), and for obtaining credit over the prescribed limit of $5,409.00 and failing to disclose bankruptcy to the credit providers (two charges).
  • Mr Page was convicted of an offence relating to s.265(4)(a) of the Bankruptcy Act 1966 and was released upon giving security by way of recognisance in the sum of $1000 on the condition he be of good behaviour for 2 years. Mr Page was also convicted of two offences relating to s.269(1)(ac) of the Bankruptcy Act 1966 and was released upon giving security by way of recognisance in the sum of $2,000 on the condition he be of good behaviour for 2 years.
  • On 1 August 2013, Phillip William Page became bankrupt after filing a Debtor’s Petition and Statement of Affairs with the Official Receiver in Bankruptcy.
  • In early January 2015, Mr Page engaged Onshore Marine Pty Ltd for an opinion in relation to the purchase of a vessel named ‘Rare Breed’. It was Onshore Marine’s opinion that the vessel required a lot of work, having been out of the water for nearly ten years.
  • On 10 February 2015, Mr Page and his wife purchased ‘Rare Breed’ and engaged Onshore Marine to conduct engine works, resulting in a debt of $12,565.49. Mr Page made intermittent payments to Onshore Marine totalling $4,000.00.
  • In early 2015, Mr Page engaged KLM Electrics Pty Ltd to undertake electrical works on ‘Rare Breed’ resulting in debts of $5,028.49 and $2,860.00. Mr Page made intermittent payments to KLM Electrics totalling $2,500.00.
  • Mr Page declared his bankruptcy to Onshore Marine and KLM Electrics, only after they demanded payment from him, for the outstanding debts.
  • At no point did Mr Page voluntarily disclose his ownership of the ‘Rare Breed’ to the Official Trustee in Bankruptcy.
  • Magistrate Mosch had regard to the nature and circumstances of the offending, the defendant’s pleas of guilty and his personal circumstances including his dated criminal history.
  • Magistrate Mosch also had regard to s.16A of the Crimes Act 1914 and acknowledged that any sentence imposed must contain a deterrent aspect and must ensure that the defendant is adequately punished for the offences.
  • The matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions.