Commercial High Court grants 5 enjoining orders against ex-employees of Hayleys Travels, their wives

The Commercial High Court of Colombo, on an application made before it on 14 December 2016, issued five enjoining orders against Dilan Jayawickrama and Channa Jayasinghe, both of whom were former employees of Hayleys Travels Ltd., their wives and Serendib Expeditions Ltd. for engaging in unfair competition in terms of the Intellectual Property Act No. 36 of 2003.

Hayleys Travels Ltd., being a subsidiary of Hayleys Plc, is a Destination Management Company operating mainly on a Business to Business (B2B) basis with Foreign Tour Operators around the world in organising tours for guests in and around Sri Lanka.

It was submitted by the Counsel, appearing on behalf of Hayleys Travels, that the defendants Dilan Jayawickrama and Channa Jayasinghe who were the ex-employees of the plaintiff, had during the course of their employment at Hayleys Travels obtained certain confidential, commercially sensitive business information belonging to the plaintiff and that they were in the process of unlawfully making use of such confidential information.

Furthermore, it was submitted to court that Dilan and Channa, through their wives, had unlawfully set up a company in the name of ‘Serendib Expeditions Ltd.’ which had thereafter solicited one of the plaintiff’s largest German Clients by making use of such confidential, commercially sensitive business information. Further, it was submitted that the defendants have attempted to unlawfully acquire confidential, commercially sensitive business information of Hayleys Travels through one of the existing employees of the plaintiff.

The plaintiff tendered to court in a sealed envelope a USB drive which contained the confidential, commercially sensitive business information of Hayleys Travels which the company claimed was misused by the defendants, where the Learned High Court Judge Shiran Gooneratne directed the Court Registrar to keep in safe custody.

Upon hearing the submissions of the counsel on behalf of Hayleys Travels and being satisfied of the existence  of the confidential, commercially sensitive business information, Judge Shiran Gooneratne  granted five enjoining orders preventing Dilan Jayawickrama, Channa Jayasinghe, their wives and Serendib Expeditions Ltd. from making use of the confidential, commercially sensitive business information, disclosing the said information and further acquiring such information.

Hayleys Travels was represented in court by President’s Counsel Dr. Harsha Cabral, who appeared with Nishan Premathiratne and Janith Fernando, Attorneys at Law on the instructions of Messrs. Julius and Creasy.

Pursuant to the notices of this action being served on the defendant, the matter is scheduled to be called on 28 December 2016.