Flogas Wins High Court Action Over Unlawful Cylinder Sales
Published on Jun 14 2013 12:02 PM in Retail
Fuel provider Flogas has won two Commercial High Court actions against Tru Gas Limited and Langan Fuels Limited, two companies accused of unlawfully interfering with and selling Flogas LPG cylinders.
The proceedings included claims by Flogas that Tru Gas was a leading 'pirate filler' of such cylinders, and was involved in a joint operation with Langan Fuels.
“Flogas is very pleased that its property rights have been upheld by the Court and that the activities of the defendants in this case have been heavily punished by the Court," said Richard Martin, managing director of Flogas Ireland. "It sends a powerful signal to the market about the damaging aspects of illegal cylinder filling activity.”
Flogas Ireland Limited commenced proceedings in November 2011 seeking preliminary relief by way of interlocutory injunctions, which were granted, restraining Tru Gas Limited and Langan Fuels Ltd, amongst other things from filling, modifying or retaining any LPG cylinders the property of Flogas Ireland Limited, or bearing the name or mark “Flogas” until the conclusion of the proceedings. In December 2011 Patrick Morgan, a Director of Tru Gas Ltd was joined by the Court as a co-defendant.
Following the case, the Court ordered Tru Gas Ltd and Patrick Morgan pay €289,000 and Langan Fuels Ltd pay €110,000 in damages to Flogas Ireland Ltd. Flogas Ireland Ltd were awarded the legal costs of both cases.