Kimberley College sues ex-principal and family members for $17m

Scandal-ridden private school Kimberley College is suing its former principal, his wife, two daughters, including the former deputy principal, and a son-in-law for up to $17 million.

LOGAN private school Kimberley College is suing its former principal, his wife, two daughters, including the former deputy principal, and a son-in-law for up to $17 million.

Kimberley College Limited claims the five received or benefited from a total of $2,198,822 in unauthorised payments from school company bank accounts.

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The transactions were of no benefit to the school, they were not for the purpose of providing education and they diverted company assets, the Supreme Court claim says.

Ex-principal and former school company director Paul Thomson and his wife Jennifer Thomson benefited from unauthorised payments totalling $834,668, it is alleged.

The college’s former chief financial officer, Mr Thomson’s daughter, Amy Ferguson, and her husband, Kevin Ferguson, a former school company manager, received $1,241,034, it is claimed.

Former Kimberley College principal Paul Thomson with wife Jennifer

Mr Thomson’s daughter Deborah Horn, the school’s deputy principal from 2014 to 2018, received $112,113, the claim says.

Kimberley College claims Mr Thomson and Mr and Mrs Ferguson caused or permitted the unauthorised payments, and the money was used for unauthorised personal expenditure.

The lawsuit says Mr and Mrs Thomson and Mrs Ferguson and her husband partly spent the money on mortgage payments and living expenses.

The school company paid $55,644 to Macquarie Finance, as payout of a loan owed by Kevin Ferguson for his Nissan Patrol, it is alleged.

The college claims some of the money was characterised as “loans’’ in company books and records, at the direction of Mr Thomson and Mr and Mrs Ferguson.

The five obtained the benefit of interest-free and unauthorised advances or loans, the claim says.

“Despite demand, each of the defendants have failed or refused to repay to the company each of the defendants’ loans,’’ the claim says.

Amy Ferguson

Kevin Ferguson

Mr Thomson owns units at Teneriffe and Morningside, and with his wife owns a Carbrook property.

Mrs Ferguson owns a Cornubia property and with her husband owns a Carbrook property.

Kimberley College has asked the Supreme Court to declare that the school has an equitable interest in the properties, and orders receiver be appointed.

Kimberley College is seeking between $9 million and $17 million in damages under the Corporations Act and for breach of trustand fiduciary duty and/or repayment of loans.

The five defendants are yet to respond to the claim.

Amy and Kevin Ferguson and Jennifer Thomson, who were sacked by the college in June last year, are awaiting the outcome of Fair Work Commission unfair dismissal applications.

Paul Thomson, who was also sacked in June last year is awaiting a Federal Circuit Court decision in his breach of general protections application.