Kimberley College’s lawsuit against ex-principal, four others, may not reach trial until 2023
It could be more than a year before Kimberley College’s civil case to recover millions from its founding principal Paul Thomson and four of his family who worked at the school goes to trial.
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Private school Kimberley College’s civil case against an ex-principal and four of his family members, who were staff, is not expected to go to trial until 2023, a judge has been told. Kimberley College has sued its founding principal Paul Thomson, his wife Jennifer Thomson, their daughter Amy Ferguson, her husband Kevin Ferguson and the Thomsons’ daughter, Deborah Horn.
All five worked at the Logan private college, with Mr Thomson principal from the school’s creation in 2000 until his employment was terminated in July, 2018.
Amy Ferguson was chief financial officer until June, 2018, and Kevin Ferguson was a director and manager of the college.
Ms Horn was a deputy principal and Jennifer Thomson was the principal’s assistant.
The college originally claimed the five received or benefited from unauthorised payments from school company bank accounts, through a variety of types of misconduct.
It has been alleged in court documents that the defendants, in particular Mr Thomson and Ms Ferguson, for a long time were in control of the college and used college money to their own benefit.
The college also alleged the spouses of the defendants benefited from money alleged to have been misappropriated.
In August last year, a Supreme Court judge ordered Kimberley College’s then $2.3 million claim against Mr Thomson and the other four be stayed for three months.
Justice Jean Dalton said there was a general allegation that the defendants caused or permitted the college to pay them $2.3 million “for an improper purpose’’.
But the judge said some of the pleadings did not make any factual allegations and the college was given three months to replead its case.
An amended claim was filed by the college in December.
On Tuesday, Justice David Boddice began to hear a new stay application by counsel for the defendants, Tony Morris QC.
However, the stay application was adjourned until a future date to be set and Justice Boddice made a series of orders regarding disclosure of documents.
Mr Morris told Justice Boddice he could not see the proceedings being listed for trial until 2023. Justice Boddice ordered that the case be reviewed in May, next year.
Paul Thomson, Amy Ferguson, Kevin Ferguson and Jennifer Thomson are each facing criminal charges alleging they were involved in a scheme that allegedly saw millions of dollars embezzled from the Logan college. Deborah Horn is not charged with criminal offences.
Mr Thomson is charged with offences including five counts of fraud, extortion, using a restricted computer without consent and false declarations.
Ms Ferguson is facing two counts of fraud, using a restricted computer without consent, extortion and perjury.
Mr Ferguson and Mrs Thomson are each facing two counts of fraud.
They are yet to face a committal hearing, the Supreme Court heard.
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