Tremco Pty Ltd v Thomson

DISTRICT COURT OF QUEENSLAND CITATION:  Tremco Pty Ltd v Thomson [2018] QDC 101 PARTIES:  TREMCO PTY LTD ACN 000 024 064 (Plaintiff) V CAROLYN MARY THOMSON (Defendant) AND BENTLEYS (SUNSHINE COAST) PTY LTD (formerly known as PWA FINANCIAL GROUP PTY LTD) ACN 010 527 876) (First Third Party) AND PETA WENDY GENFELL (Second Third Party) AND ULRIKE BENDLE (Third Third Party) AND CHERYL BLINCO (Fourth Third Party) FILE NO/S: DC No 3868 of 2017 DIVISION: Civil PROCEEDING: Trial ORIGINATING COURT:  District Court at Brisbane DELIVERED ON: 12 June 2018 DELIVERED AT: Brisbane HEARING DATE:  16, 17, 18, 19, 20, 23, 24, 26 April 2018, 3 May 2018 JUDGE: Porter DCJ QC ORDER: 1. Judgment be entered in favour of the plaintiff in the amount of $372,016.10 plus interest pursuant to Section 58 Civil Proceedings Act 2011 (Qld). CATCHWORDS: CORPORATIONS – MANAGEMENT AND ADMINISTRATION – DUTIES AND LIABILITIES OF OFFICERS OF A CORPORATION – OFFICERS OF INSOLVENT CORPORATION – DUTY TO PREVENT INSOLVENT TRADING – where from about March 2010 the Company ceased paying the plaintiff’s invoices – where the Company had one director formally appointed – where the plaintiff alleges the defendant was at all times a de facto director and seeks to recover compensation from the defendant – whether the alleged insolvent trading debts were incurred by the Company – whether the defendant was a director at the time the alleged insolvent trading debt – whether the alleged insolvent trading debt was proved to have been incurred during the...