Mackay mum Faye Simpkin sues son Craig Norman Simpkin over haulage company fallout

A son sued by his mother over misuse of money from a family business said his late father had approved his buying a $105,000 sailboat with funds from the family business he no longer worked at.

A man bought a $77,000 truck for his own business with family money, with his bookkeeper brother alleging it was far from the last time sums “disappeared” as the ongoing civil trial unravels the details of a family feud. UPDATED

A man described how the dissolution of his marriage soon ruptured the family business he had worked for nearly his entire life and lead to his mother suing him for $1.6m, alleging misuse of company funds and valuable equipment being locked up in his property.

Craig Norman Simpkin took the stand on the third day of trial in Mackay Supreme Court, where he said his late father had approved all the purchases, including a $100,000 boat with funds from the family business he no longer worked at.

He said his divorce was a catalyst for a long-simmering feud over the family business.

“I needed to pay Ellie out, probably the reason this all started,” he said.

“There was a meeting at Mum and Dad’s (with) the six of us ... that’s when I started trying to come up with some plans to try and separate everything.

“All hell break loose, I guess.”

Craig Norman Simpkin leaving Mackay Supreme Court on Monday, July 8, 2024. Picture: Heidi Petith

Craig and his brother Troy had worked for family business Gunderlong, better known as Simpkin Haulage Company, founded by their late father Reginald and mother Faye Emily Simpkin in 1981.

Mrs Simpkin alleges her son mispent the company’s money on a trip to Cape York and Byron Bay, a $105,000 sailfish boat, and a $77,000 service truck for his own business.

She is suing her son and his newly founded company, CLP Group Australia, for over $1.6 million for misuse of company funds and chattels with $1.3 million linked to a cache of valuable planting equipment kept in a company shed on his property.

Craig and CLP Group deny the allegations and are defending the matter.

Craig said CLP invoiced a haulage company client for about $30,000 of works done by Gunderlong in 2018, despite CLP not being a registered company until 2019, because “Dad said it was okay”.

Craig claimed repeatedly the family’s late patriarch Reg had verbally approved the boat, truck, and invoice, as well as indicating a division of company resources for certain contracts with Mackay Sugar between the two brothers.

Faye Simpkin outside Mackay courthouse on July 9, 2024, having sued her son for allegedly misusing company cards to buy various personal purchases including a $105,000 boat. Photo: Zoe Devenport

Barrister Liam Copley, for Mrs Simpkin, said it was agreed that the incident occurred against a more than $600,000 debt then owed to Craig from Gunderlong.

Mrs Simpkin said she and her husband had intended to one day bequeath it to the two sons, but said she knew Craig had pressured Troy and Reg regarding business decisions including in 2018 “when he made up a big list” and said “Gunderlong needed to be all sorted out so he could get his share”.

A short video showed the family business’ vast assortment of machinery, including an excavator worth $120,000, a variety of tools, parts, trucks, tractors, and the boat at Craig’s property at 678 Barrie Lane in Homebush, southwest of Mackay.

Mr Copley told Justice Graeme Crow a “large part” of the lawsuit centred on Mrs Simpkin getting access to that equipment particularly given their “grave concerns” Mr Simpkin could at any minute seal a $1m sale contract for the property earlier valued at $1.8m in May 2020.

On Wednesday it became clear that sale was progressing, with Justice Graeme Crow giving a freezing order to new owners Kimberly Precious Metals to “not use, deal with or diminish the value of” the contested assets in the shed.

Troy Simpkin he testified in his mother's suit against his brother Craig Simpkin. Photo: Zoe Devenport

He said they held “grave concerns” for the equipment, with Justice Graeme Crow discussing the possibility of the plaintiffs filing a freezing order before the court.

Mrs Simpkin said Craig’s “harping” on about his share led her and Reg to their accountant to seek advice about the proposed methods “to work everything out” like selling off a farm, scaling down the business, leasing or gifting equipment, and loans to both sons but nothing was ever decided on.

Mrs Simpkin said there was never an agreement to give Craig a share of the family business and her son quit working full time in August or September 2018 “because he got cranky and he said, ‘I want my share, I want you to sort something out’.”

Before Craig left the family business, little brother Troy claimed he was blindsided by his older brother’s spending as then-bookkeeper for Simpkin Haulage as their relationship deteriorated.

“Dad come to me one day and said Craig wants to buy a service truck, wants to use the company money, what do you think, and I said it wasn’t a good idea,” Troy Simpkin told Mackay Supreme Court.

“(Then) it just appeared on the home equity statement, $77,000 went ... sort of the first time that money had disappeared.”

Troy said when the brothers still spoke Craig has told him he wanted to buy a boat and Troy “assumed he was using his money”, noting he hadn’t been “allowed” at the 567 Barrie Rd shed for several years.

Mrs Simpkin is suing to recover this amount, costs her son incurred while a casual employee, and costs for all of Gunderlong’s equipment that was allegedly stored in the shed on Mr Simpkin’s property.

The judge-only trial continues.