Owner: I did not mislead ASIC

A CAIRNS tourism business owner maintains he did not knowingly mislead the Australian Securities and Investments Commission.

Leigh Alan Jorgensen is appealing a $2000 fine and conviction for making false or misleading statements when he lodged a form to deregister Trek North Tours in February 2016. Jorgensen claimed he had no outstanding liabilities despite the company owing $55,000 to the Commonwealth.

In 2015 a court fined Trek North Tours $55,000 and Jorgensen $12,000 after it was found he had underpaid backpackers on working holiday visa in 2013 and 2014.

Yesterday Jorgensen didn’t appear for the hearing in the Cairns District Court due to an administration error. “I understand these clerical errors happen to all of us. Ironically, my court matter is of the same nature and was just as trivial and victimless,” he said.

Jorgensen had pleaded not guilty to making false or misleading statements in a hearing in the Cairns Magistrates Court in February this year.

He had relied on the defence of mistake of fact submitting that he was unaware the penalty was an outstanding liability requiring declaration and that a chartered accountant had recommended that the company be dissolved and he relied on that advice.

Magistrate Kerry Magee rejected his reasons, finding him guilty.

Yesterday barrister Stephanie Williams, for ASIC, asked for the matter to be adjourned given the fact that Jorgensen was self-represented in this matter.

“I’m hoping on September 10 that the Appeals Tribunal will see this matter for what it was, a simple clerical error made in good faith, and have the conviction overturned but I will respect their decision either way,” Jorgensen said.

He is also appealing a contempt of court conviction after he was sentenced for breaching a freezing order on Trek North Tours assets.

He was jailed for 12 months to be suspended after 10 days so long as he paid the fine.

The businessman successfully sought an urgent stay of the orders in the Federal Court lodging an appeal on the conviction and sentence.