Perth engineering firm Aerison is suing its competitor Innovent Engineering Group and seven of its former employees who have been linked to divulging trade secrets.
Perth engineering firm Aerison is suing its competitor Innovent Engineering Group and seven of its former employees who have been linked to divulging trade secrets.
Business News can reveal that Aerison Group has commenced legal proceedings against Innovent and the seven individuals, all of whom were former employees of the engineering firm.
Aerison is claiming there was extensive unauthorised accessing of its intellectual property, company information and copying of this information for the advantage of the competing business and its founders.
Further, Aerison is alleging that its “valuable” digital and IP assets have been used by a competitor business- being Innovent Engineering Group- newly created by former employees of Aerison.
When approached for comment, an Innovent spokesperson said the company was seeking legal advice and intended to defend all allegations.
According to the writ lodged with the Supreme Court, former Aerison general manager and now Innovent managing director Michael Timothy O’Callaghan made copies of confidential information for use by him or third parties after his employment ended.
The information he copied over the course of his employment from February 2008 to October 2023 was to “such a high degree of confidentiality as to amount to trade secrets”, according to the writ.
In the writ, Aerison is alleging Mr O’Callaghan disclosed the information to Dust Management Services and Innovent- both competitors- after his termination. DMS has been contacted for comment.
The writ also names Darren Justin Lehmann, Brian Hooker, Lee Ford, Sandi Louise Franich, Melissa Rogers and Christopher Pearson as defendants.
Six of the defendants have been accused of divulging or using confidential information, while Ms Franich has been accused of aiding and abetting.
Aerison is alleging that Mr Ford, while on sick leave, disclosed confidential information regarding a proposal for a contract at the Newmont Cadia mine in New South Wales, according to the writ.
Further, the group alleges that Mr Pearson had a phone call with Mr O’Callaghan, who was at DMS, during which he provided electrical design assistance which enabled DMS to submit a proposal and ultimately win a contract at the Newmont project.
While employed at Aerison, Ms Rogers prepared tender documents for DMS using confidential information, including its secret processes of manufacture and design, according to the writ.
Speaking on the legal action, Aerison chief executive Dylan Wadia said the company viewed these allegations against the former employees in the most serious light.
“We are deeply disappointed by what we have discovered and the matters which we have had to take to the Supreme Court," Mr Wadia told this masthead.
"Any identification of what we consider to be unauthorised taking of company information and intellectual property is a matter which must be taken seriously and tested in the court.
“We are not prepared to stand by and have the hard work and dedication of our Aerison team undermined in any way.”
Aerison was purchased one year ago by interests connected to Mr Wadia.
It was placed into voluntary administration last year, after the ASX-listed company failed to settle a $47 million contractual dispute with Roy Hill Holdings.
In the writ, Aerison is alleging it suffered damages and is seeking compensation.
