media release (17-028MR)

Winemaker convicted for managing while disqualified

Published

Mr Andrew Garrett, of Hobart, Tasmania, has pleaded guilty to three charges of managing companies while disqualified. 

Mr Garrett, who appeared in the Melbourne Magistrates Court via video-link from the Hobart Magistrates Court, pleaded guilty to managing Oenoviva (Australia & New Zealand) Pty Ltd (Oenoviva) and Shed 5 (South Wharf) Pty Ltd (Shed 5).   

In relation to Oenoviva, the Court found that Mr Garrett acted as managing director by: 

  • negotiating licensing and funding agreements, leading to the execution of a number of agreements between Oenoviva and other companies;  
  • accepting letters of offer from the directors of other companies for funding of Oenoviva to acquire plant and equipment for wine production; and 
  • being a joint signatory to the Oenoviva bank account and transacting on that account. 

In relation to Shed 5, the Court found that Mr Garrett acted as a director by: 

  • holding meetings as chairman and removing officers of the company; 
  • lodging numerous ASIC form 484s changing company details; and 
  • being the sole signatory to the company bank account and transacting on that account. 

At the time of managing Oenoviva and Shed 5, Mr Garrett was disqualified from managing companies due to being convicted of a crime involving dishonesty in 2010.  Oenoviva and Shed 5 were later placed in liquidation with substantial liabilities owed to creditors. 

Mr Garrett was convicted and fined $2,500. 

ASIC Deputy Chairman Peter Kell said, ‘ASIC is committed to ensuring those who are disqualified from managing companies do not flout the law.’ 

The matter was prosecuted by the Commonwealth Department of Public Prosecutions.

Media enquiries: Contact ASIC Media Unit