ASX company bosses punished for getting rich from misleading investors

Court hands down record penalties against the software provider that left investors empty-handed.

| More on:
asx share penalty represented by lots of fingers pointing at disgraced businessman Crown royal commission WA

Image source: Getty Images

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More

Software maker Getswift has copped "the largest ever penalty" against a company for breaching continuous disclosure laws.

The Federal Court has handed down an unprecedented fine of $15 million on delivery management app provider Getswift, which used to be listed on the ASX under ticker code GSW.

Getswift's former executive chair Bane Hunter copped a penalty of $2 million and barred from managing corporations for 15 years. 

Former director, chief executive and retired AFL player Joel Macdonald copped a $1 million fine and was banned from managing companies for 12 years.

Another former director, Brett Eagle, was fined $75,000 and disqualified from managing corporations for two years.

According to the court, Getswift became an ASX darling as a result of "an unlawful public-relations-driven approach to corporate disclosure" deliberately executed by those running the company.

'Laser-like focus on making money for himself and Mr Macdonald'

After listing for 20 cents on the ASX in December 2016, one year later Getswift shares were trading around the $3.70 mark.

While investors were popping champagne corks then, the series of customer signings announced to the market that inflated the stock price were later found to be gross exaggerations at best.

By March 2019, Getswift shares had deflated to 18 cents after its tactics unravelled.

The business was delisted from the ASX in January 2021 to flee to the Canadian NEO exchange, but the entire operation finally went into liquidation last July.

Federal Court justice Michael Lee was stinging in his criticism of those in charge of the company.

He said Hunter "had a laser-like focus on making money for himself and Mr Macdonald", and if that happened to coincide with breaking stock market laws or exposing Getswift to liabilities, it was "of little concern to him".

Macdonald was also solely concerned with making money for himself and had "little understanding or regard for his legal obligations as a director".

After a settlement last month, former investors will be fortunate to receive 1 cent for each dollar they put in.

Justice Lee noted in his decision that there is "no evidence of contrition or remorse" by Hunter or Macdonald, who have fled overseas.

The three directors and the company were also ordered to pay the legal costs of the Australian Securities and Investments Commission, which brought the case to the court.

Motley Fool contributor Tony Yoo has no position in any of the stocks mentioned. The Motley Fool Australia's parent company Motley Fool Holdings Inc. has no position in any of the stocks mentioned. The Motley Fool Australia has no position in any of the stocks mentioned. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Scott Phillips.

More on Technology Shares

A frustrated male investor frowns with his hands and arms open asking why the share price has dropped today.
Technology Shares

Why this high-flying ASX 200 tech stock just got downgraded

Let's see which stock has been hit with a downgrade today.

Read more »

Delighted adult man, working on a company slogan, on his laptop.
Technology Shares

Up 10% in a day, why this ASX tech share is exciting investors

It’s been a good start to the week for this company’s shareholders.

Read more »

Two smiling work colleagues discuss an investment or business plan at their office.
Technology Shares

Which ASX 200 tech stock is jumping 8% to record high?

This high-flying stock had another strong quarter.

Read more »

A businessman leaps in the air outside a city building in the CBD.
Technology Shares

Guess which ASX 300 stock is jumping 13% on guidance upgrade

A profit upgrade has gone down well with investors today.

Read more »

drone technology, drone defence, woman operating drone
Technology Shares

DroneShield shares rocket 11% to record high on big news

Let's see what this high-flying stock has announced this morning.

Read more »

A businessman looking at his digital tablet or strategy planning in hotel conference lobby. He is happy at achieving financial goals.
Technology Shares

Here are 2 exciting ASX shares rated as buys

These shares are highly rated by brokers. Let's find out why.

Read more »

Two IT professionals walk along a wall of mainframes in a data centre discussing various things
Technology Shares

Is this the decade of the data centre? One ASX 200 stock that could benefit

Let's see why one leading broker thinks this stock could be destined for big things.

Read more »

A human-like robot checks out market performance on a laptop, indicating the rise of AI shares.
Technology Shares

3 top performing ASX AI shares for your watchlist

Have you positioned your portfolio to capitalise on the next tech revolution?

Read more »