Supreme Court dismisses appeal made by Omega Shipping and employees

The Supreme Court recently dismissed the Leave to Appeal applications filed by Omega Shipping Ltd., and two of its current employees M. Rushan Hameed and Thilak Wickremasinghe.

The two employees were formerly employed at Wilhelmsen Meridian Navigation Ltd. Earlier in 2017, the Commercial High Court granted Interim Injunctions against three of Wilhelmsen’s former employees, preventing them from using undisclosed commercially sensitive information that the former employees had obtained during their tenure at Wilhelmsen.

A further Interim Injunction was granted by the Commercial High Court preventing Omega Shipping Ltd., from using the said undisclosed commercially sensitive information that the said employees had obtained while employed at Wilhelmsen.

In appealing the said orders of the Commercial High Court, Omega Shipping Ltd., and two of the former employees made Leave to Appeal applications to the Supreme Court.

In dismissing all applications the Supreme Court presided by their Lordships’ Justice Sisira de Abrew, Justice Priyantha Jayawardena and Justice Nalin Perera observed that information tendered to Court in Confidential Cover via USB device need not be part of the Pleadings as long as the Proceedings in Court bear the fact that such information has been tendered to Court.

It was further observed that the Instructing Attorneys have a duty to inspect the record upon receiving notice actions filed against their Clients and cannot deny knowledge of what is borne in the Proceedings.

Kuvera de Zoysa, President’s Counsel, Nishan Premathiratne and Ameer Mahuroof Attorneys-at-law appeared for Wilhelmsen Meridian Navigation Limited on the instructions of G.G. Arulpragasam while M.U.M Ali Sabry, President’s Counsel and Ruwantha Cooray Attorney-at-law appeared for Omega Shipping Ltd.