THE High Court has ruled that The Surgical Specialist Centre Ltd wrongfully dismissed its former managing director, Elizabeth Kelly, but also ordered her to repay more than $215,000 to the company for unauthorised payments.

In a recent judgment delivered by Justice Jacqueline Wilson, the court found that while Kelly must reimburse the company for sums she conceded were improperly taken from its accounts, the centre failed to prove that she breached her fiduciary duties as a director, rendering her dismissal unjustified.

The claim arose after the breakdown of the personal and business relationship between Kelly and Dr Alan de Freitas, a director and shareholder of the medical facility. The Surgical Specialist Centre alleged Kelly misappropriated company funds, made unauthorised payments and breached her fiduciary obligations, leading to her termination in November 2022. Kelly accepted responsibility for several disputed transactions but counterclaimed that her dismissal was wrongful and sought damages.