Tennant Ltd v Uhlen [2009] FCA 29

Tennant Ltd v Uhlen [2009] FCA 29

There is a serious question to be tried that Mr Uhlen breached his fiduciary duty, as manager of the Nonox AdBlue business, not to pursue for his own benefit a business opportunity which he had been engaged by the applicants to pursue on behalf of Nonox. The balance of convenience favoured granting and continuing the amended interim injunction.

Parties
First Applicant: Tennant Ltd; Second Applicant: Nonox Australia Pty Ltd; First Respondent: Stig Uhlen; Second Respondent: Denox Pty Ltd; Third Respondent: Launchpad Nominees Pty Ltd; Fourth Respondent: Peter O'Meara; Fifth Respondent: Ross John Graham
Jurisdiction
Australia
Judgment Date
16 January 2009
Procedural Posture
Interlocutory Application / Application to Extend Interim Injunction
Outcome
Interim injunction continued and amended; costs and directions made
Legal Topics
Fiduciary Duty, Confidential Information, Interim Injunction, Business Opportunity
Equity Fiduciary Duty Confidential Information Interim Injunction Business Opportunity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tennant Ltd

First Applicant

Nonox Australia Pty Ltd

Second Applicant

Stig Uhlen

First Respondent

Denox Pty Ltd

Second Respondent

Launchpad Nominees Pty Ltd

Third Respondent

Peter O'Meara

Fourth Respondent

Ross John Graham

Fifth Respondent

Procedural Posture

Interlocutory Application / Application to Extend Interim Injunction

Legal Issues

  1. 1 Whether the respondent breached fiduciary duty by using confidential information to acquire a business opportunity
  2. 2 Whether the injunction should be extended

Ratio Decidendi

There is a serious question to be tried that Mr Uhlen breached his fiduciary duty, as manager of the Nonox AdBlue business, not to pursue for his own benefit a business opportunity which he had been engaged by the applicants to pursue on behalf of Nonox. The balance of convenience favoured granting and continuing the amended interim injunction.

Court Disposition

Interim injunction continued and amended; costs and directions made

Orders

  • First Respondent restrained from involvement in business of Second Respondent or any business involving distribution or supply of AdBlue™ using finance from Launchpad Nominees Pty Ltd trading as 'Carbon Alliance' or its associates, and from using or disclosing specified confidential information, until further order.
  • Second, Third, Fourth, and Fifth Respondents restrained from using or disclosing specified confidential information, until further order.