MARK Darren Levi has forced the Administrative Appeals Tribunal (AAT) to review his appeal of a decision of the Companies Auditors and Liquidators Disciplinary Board (CALDB) declaring he was unfit to be a liquidator.
In the Federal Court last Friday, Justice Lucy Farrell ruled the Titan Advisory managing director had been denied natural justice when his application for a review of a CALDB decision was considered by AAT deputy president Robin Handley on July 4, 2013. (Read Justice Farrell's judgement here)
The judge issued a writ of certiorari quashing the AAT's July 5 finding and a writ of mandamus requiring the AAT to reconsider Levi's application for a review of the CALDB decision, which was handed down on June 14, 2013 but has not been published.
Justice Farrell ruled CALDB could not publish its original decision before the AAT reheard Levi's appeal. Similarly, the judge restrained ASIC from making any announcement.
However she recorded in her judgement that CALDB ruled on July 2 "that the applicant was not a fit and proper person to remain a liquidator ..".
On the same day Levi, who denies the allegations against him, applied to the AAT for a stay and review of the CALDB ruling.
The allegations concern a sum of approximately $90,000 allegedly taken from a company while it was in receivership and under the control of Levi and Jamieson Louttit in 2009.
The money was allegedly used to pay a personal tax bill. The judge acknowledged that there is a strong expectation of criminal charges arising from the allegations.
Her judgement also refers to a BAS statement supplied by the ATO to ASIC for forensic examination which may be used to "test the credibility of a key witness who may or may not change his evidence based on cross examination".
Clearly there may be further action initiated by ASIC, which was tipped off about the alleged transfer by Louttit in 2010.
See also: Criminal charges on cards for Sydney liquidator