Former AWB Managing Director Found to have Breached his Duties

The Supreme Court of Victoria has ordered that Andrew Alexander Lindberg, the former Managing Director of AWB Limited (AWB), pay a pecuniary penalty of $100,000 and be disqualified from managing corporations until 14 September 2014 after finding that he breached his duties as a director of AWB. In May 2012 Mr Lindberg admitted to four contraventions of section 180(1) of the Corporations Act 2001 arising from AWB’s supply of wheat to Iraq under the United Nations Oil-for-Food Programme and subsequent inquiries conducted by AWB in relation to that supply (refer: 12-109MR). The penalties imposed by the Court reflect the joint submission made by ASIC and Mr Lindberg as to the appropriate penalty for the admitted contraventions. Handing down his decision this morning, Justice Robson said that the contraventions did not involve deliberate wrongful acts, dishonesty or any moral turpitude but that Mr Lindberg had nonetheless ‘failed to perform his duties as a reasonable director or officer would in his situation’.

Originally Published: 
09/08/2012