Judge hears takeover conspiracy claims

A LEADING waste company has claimed before the High Court that five senior managers who left the company on the same day this month are conspiring with One Fifty One plc to effect a hostile takeover.

Mr Binman Ltd, claims highly sensitive commercial information was downloaded onto portable hard-drives by Mr Tom Fogarty, prior to his departure, and removed from its premises.

The information is alleged to include personal data protected by the Data Protection Acts, including personal banking details of 50,000 domestic customers.

Ms Justice Mary Laffoy yesterday granted Ms Marguerite Bolger, for Mr Binman, leave to apply on Monday next for several injunctions against Mr Fogarty, of Annaholty, Birdhill, Co Limerick; Mr Ciaran Cronin, Curaheen South, Askeaton, Co Limerick; Mr Tony O’Brien, Carrowmore, Scariff, Co Clare; Mr John O’Brien, Ardskeagh, Broadford, Co Clare; Mr Tom Givens, Lisnagry, Mountshannon, Co Limerick; and One Fifty One, of Thomas Street, Dublin.

Ms Bolger said One Fifty One had sought to buy all or a substantial part of Mr Binman’s business in March 2006 but were told they were not interested in selling. After that, the five other defendants left the company in circumstances of which her client had no intimation and without giving the statutory notice.

Judge Laffoy said counsel could apply on Monday for various injunctions, including orders restraining the use of confidential information on Mr Binman’s business to damage it or cause it any loss.

Mr Binman also wants an order permitting it to inspect any computers used by the defendants at business premises at Ballysimon Road, Limerick, or any other location where they are engaged in business.

The company is seeking damages, including exemplary damages, for alleged conspiracy, breach of duty and wrongful interference with its economic interests.

Mr Martin Sheahan, chief executive of Mr Binman, said Mr Cronin, Mr Tony O’Brien and Mr Givens attended his daughter’s wedding on January 3 last. Mr Sheahan said he was shocked four days later, to be told the five defendants were to leave their jobs. All five had left in the same car and no one made any proposals about working out their notice.

The five began business in competition with Mr Binman, which he believed was controlled or supervised by One Fifty One.