Hemmant’s List member Jason Wang (instructed by Roy Kim and Seunghyun Jin of Baystone Legal) appeared for the successful plaintiff in the recent matter of Star Recruitment Service Pty Ltd v Smith [2025] QSC 334.
The plaintiff, a licensed labour hire company, claimed damages pursuant to sections 588G and 588M against the defendant, the sole director of GG Group (QLD) Pty Ltd (the Company), for debts incurred while the Company was allegedly trading insolvently. The debts related to unpaid invoices for labour hire for strawberry pickers supplied by the plaintiff to the Company.
In summary, Justice Muir found the defendant had reasonable grounds to suspect insolvency at the time the outstanding Invoices owing to the plaintiff were issued, contravening section 588G of the Corporations Act. Her Honour found the defendant, as the sole director, was aware of the Company’s financial difficulties and the inability of the Company to pay its debts.
Judgment was awarded for the plaintiff in the amount of $1,108,441 plus pre-judgment interest fixed in the amount of $321,422. The Defendant was ordered to pay the Plaintiff’s costs of the proceeding on the standard basis.