Tremco Pty Ltd v Thomson

The case of Tremco Pty Ltd v Thomson involved a dispute regarding the liability of the defendant, Mr. Thomson, for debts incurred by the insolvent company, Tremco Pty Ltd. The plaintiff, Tremco Pty Ltd, sought compensation from Mr. Thomson, alleging that he was a de facto director of the company at the time it incurred the debts. The legal issues before the court included whether the alleged insolvent trading debts were incurred by the company, whether Mr. Thomson was a director at the relevant time, and whether he had a defence against the claim. Additionally, the court had to consider whether the plaintiff was entitled to recover loss or damage in relation to the debts suffered due to the company's insolvency and whether the costs of obtaining judgment for the relevant debt prior to insolvency were recoverable.

The court examined the evidence regarding Mr. Thomson's involvement with the company, including his role and the grounds for suspecting insolvency. It found that Mr. Thomson was indeed a de facto director and that the company had incurred the debts during the relevant period. The court further determined that there were reasonable grounds for suspecting insolvency and that Mr. Thomson was aware of these grounds. As a result, the court held that Mr. Thomson was liable for the debts incurred by the company and that the plaintiff was entitled to recover the loss or damage suffered. The court also ruled that the costs of obtaining judgment for the relevant debt prior to insolvency were recoverable.

In summary, the court found in favor of the plaintiff, ordering judgment in the amount of $372,016.10 plus interest. The decision established that Mr. Thomson was liable for the debts incurred by the insolvent company due to his role as a de facto director and the company's insolvency.