I think they acted dishonsestly based on what is in the report. In December they were given $20m in extra funding by the banks and told not to make any repayments to the Macq Bank facility as a condition of getting the $20m.
Not only did they pay Macquarie Bank $11m after this agreement was signed but they hid the payments from McGrathNicol while they were undertaking a business review, for the cpmpany, at the time the payments were made.
I think in those circumstances it is understandable the banks wouldn't provide any further money to DSH - it seems there is a real risk they would deliberately breach any new lending conditions as soon as they are advanced more money.
The directors are unlikely to have any assets in their own names to be collected if they are found guilty. They are more likely secured inside an impenetrable trust or in the name of their spouse.
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