Liquidator files lawsuit against CQ bookkeeper for deceit
A Central Queensland bookkeeper is being sued for deceit as investigations into a liquidation claim she paid herself for work she could not possibly have completed, with some bank transfers indicating she worked 152 hours, 250 hours and up to 520 hours in one week.
There are only 168 hours in a single week.
According to the Statement of Claim filed in a Rockhampton court, these actions also contributed to the failure and liquidation of the Rockhampton region company.
Worrells Solvency and Forensic Accountants filed the civil lawsuit through Gordon Stunzer of South Geldard Lawyers last month with the Rockhampton District Court.
Worrells was appointed liquidators of Marmor-based civil earthworks and construction contractor company Mystery Hills on February 28, 2019.
Kerry Anne Wilson had been a friend of one of the company directors for more than 20 years and was employed as a bookkeeper from October 30, 2017 to October 3, 2018.
The Worrells lawsuit states she was authorised to “carry out the services honestly and ethically in the interest of the company”.
She was also authorised to pay her own salary and business expenses.
Worrells claims in the court documents Mrs Wilson paid herself $60,309.07 of the company’s money for her own benefit, for hours she did not complete.
According to the court documents, between October 30 2017 and April 6 2018 she made payments totalling $17,420 to her own joint account. She allegedly paid back $360 to the company account from her joint account.
Worrells claims between December 4, 2017 and October 3, 2018 she made payments totalling $55,006.77 from the company account to her own account and repaid $1500 back to the company account.
Further, it is alleged on May 8 and May 17, 2018 she made two payments totalling $3,250 from a company director’s account.
It is then alleged between April 7, 2017 and September 11, 2018 she made payments totalling $26,392.30 from a company director’s account to her own account.
Worrells claims it was “not possible” for Mrs Wilson to work the hours she claimed.
Mrs Wilson was first contracted to be paid $18 per hour with 22 hours per week and this was increased to $25 per hour with 38 hours per week in November 2017, according to the Statement of Claim
Taking into account the varying amounts she paid herself and the hourly rate she was contracted for, it is alleged she claimed to work impossible hours each week.
Some weeks she allegedly paid herself amounts including $6,510, $4,000, $6,251.31, $4,200, $3,400 and one week a sum of $13,017.85.
It is alleged some weeks she claimed to work from 111 hours up to 152 hours, 250 hours, 168 hours, 128 hours, 136 hours and 520 hours.
Worrells claims in the court document Mrs Wilson “did not work the number of hours equivalent to the value of payments”.
It is alleged Mrs Wilson “dishonestly applied to the sum of $60,309.07 of the company’s money for her own benefit”.
It is also alleged Mrs Wilson’s actions contributed to the failure of the company and the liquidation.
Mrs Wilson’s husband, Rodney, is also being sued as a total of $20,310 was paid into their joint account.
Worrells claims in the court documents the husband “wilfully and recklessly failed to make inquiries that an honest and reasonable person would do when an additional sum of $20,310 was received into the joint account”.
Kerry Anne Wilson is being sued for $60,309.07 for “tortious deceit” and Rodney Wilson is being sued for $20,310 for a “breach of fiduciary duty”.
No defence has yet been filed.