ABC Learning director in court over deals

ABC Learning Centres had an embargo on acquisitions at the time director Martin Kemp urgently arranged for the childcare chain to buy three of his own centres without board approval, a court has been told.

Prosecutor Alan MacSporran SC told the Brisbane District Court on Monday that Kemp received more than $3 million after successfully entreating CEO Eddy Groves to approve the sale in early 2008.

Kemp immediately used the money to pay personal debts, the court heard.

Neither he nor Mr Groves disclosed interest in the sale to the board, the court heard.

Kemp denies the crown’s allegation that he acted improperly and has pleaded not guilty to two counts of breaching the Corporations Act.

He has been charged with one count of dishonest use of a position as a company director and one count of failure to act in good faith as a company director.

Mr MacSporran told the court there were a number of features on which the crown would rely to prove the dishonest behaviour.

He said the deal was rushed through by Kemp, who was to receive an unusually large deposit for the sale before the contract had actually been finalised by ABC.

Mr MacSporran also said the deal was pushed through despite two of the three centres being assessed as unsuitable for purchase by the childcare group.

Giving evidence on Monday afternoon, former Brisbane mayor and chairman of ABC Learning Centre, Sallyanne Atkinson, told the court she was unaware in 2008 that Kemp owned and controlled any childcare centres outside of the group.

She was taken through minutes of a board meeting in February 2008, and noted neither Kemp nor Mr Groves had declared any conflict of interest.

Ms Atkinson will continue her evidence on Tuesday morning.

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