A former director and shareholder of a sign supplying business has “quite comprehensively” answered claims by his former company in a restraint of competition dispute, the High Court has heard.
Gary Upton, former director of Seretay Ltd, is disputing claims made by two linked Seretay firms that he set up a rival sign business in contravention of a two-year “non-compete” agreement on his departure.
Seretay is the holding company for a number of firms in the Image Quest group, trading as IQ Branding Solutions, which specialises in signage, print, and display solutions.
Its customers include names like IKEA, Woodies, FBD Hotel Group, and Sherry Fitzgerald, as well as multiple shopping centres.
Mr Upton, who managed key accounts, handled new business and was regarded as “a very effective operator” for the company, left in November 2021. He joined in 2011 as a director along with Jannetje Van Leeuwen and her partner Paul O’Mahony.
Last year, discussions took place with a third party to purchase all of Mr Upton’s shares along with enough of Ms Van Leeuwen’s and Mr O’Mahony’s shares to give them majority control.
“That deal fell through at the very end for reasons we are still not clear on”, Ms Van Leeuwen said in an affidavit seeking a restraint of competition injunction last week.
The action is being brought by Zeahix Ltd, of which Ms Van Leeuwen is a director, and by Buildixe, of which she is secretary. The case is against Mr Upton and two companies, Marketior Ltd and Monster Branding Ltd.
The court last week granted an interim ex-parte (one side only represented) injunction to Anthony Thuillier BL, for Zeahix and Buildixe, preventing the defendants from competing and from soliciting customers and employees.
The matter returned before Mr Justice Oisín Quinn on Wednesday when he was told by Eoin Sreenan BL, for Mr Upton, that his client had an affidavit which “quite comprehensively answered the matters” and he opposed the interim order being continued.
However, following an adjournment, Mr Thuillier told the judge that, on consent between the parties, it had been agreed the interim order could be extended until next week.
The judge extended the order and gave directions for exchange of affidavits between the parties.
Sourse: breakingnews.ie
