Flogas Wins High Court Actions Against Trugas And Langan Fuels.
Flogas Ireland Limited has won two Commercial High Court actions against Tru Gas Limited, Patrick Morgan and separately Langan Fuels Limited. The proceedings included claims by Flogas Ireland Limited that Tru Gas Ltd of Castlebellingham, Co Louth was a leading “pirate filler”, supplying retailers of liquid petroleum gas (“LPG”) cylinders nationwide and involved in a joint operation with Langan Fuels Ltd of Kilmacow, Waterford in unlawfully interfering with and selling Flogas LPG cylinders.
Following the decision of the High Court, Richard Martin, managing director of Flogas Ireland commented, “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. It sends a powerful signal to the market about the damaging aspects of illegal cylinder filling activity.”
He went on to state that Flogas will continue to invest in its cylinder market in Ireland to support its dealers and consumers with the very best cylinder products available. He said, “We acknowledge and appreciate all the support we have received from our dealers and distributors in this case and we are prepared to take legal action against any pirate fillers to defend our reputation and market position.”
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.
On 1 March 2013 judgment was granted against Tru Gas Limited, Patrick Morgan and Langan Fuels Ltd. The orders include a declaration that in supplying LPG in cylinders which bear the Flogas name and bear a statement that the cylinder is its property and irrespective of whether those cylinders are delivered directly to end users or to retailers for onward sale, Flogas Ireland Ltd at all times retains ownership in them.
The Court prohibited Tru Gas Ltd, Patrick Morgan and Langan Fuels Ltd, their respective servants or agents from filling, selling or in any way interfering with, or in the case of Tru Gas Ltd and Patrick Morgan handling or taking possession of Flogas branded cylinders. The Court ordered that Tru Gas Ltd, Patrick Morgan & Langan Fuels Ltd immediately return to Flogas Ireland Ltd all Flogas cylinders and pallets in their possession.
On 16 May 2013 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. It is anticipated that the award of legal costs of the actions will be in excess of €670,000 & VAT.
On 1 May 2013 Tru Gas Ltd was placed in voluntary liquidation. Flogas Ireland Ltd intends to enforce the Court Order against the liquidator of Tru Gas Ltd and Patrick Morgan and to pursue both parties for the respective legal costs of the actions and similarly in respect of Langan Fuels Ltd.