Sleeping Duck's trade secrets dispute heads to mediation
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The news: Online mattress company Sleeping Duck's lawsuit against former chief financial officer Sean Curry is heading to mediation following Federal Court orders made on Tuesday.
In a brief online hearing, Federal Court of Australia Judge Helen Rofe said the case was "well suited to go to mediation at an early opportunity".
The context: The Federal Court dispute was lodged last May, just prior to a judgment in a separate lawsuit involving Sleeping Duck and investor Adir Shiffman.
In that bitterly fought case, Shiffman claimed he had been “oppressed” by the Sleeping Duck founders, Selvam Sinappan and Winston Wijeyeratne, who Shiffman alleged had excluded him from an agreed role where he would be an active adviser in the company following his investment. Shiffman lost his lawsuit against the company.
Sean Curry was called as a witness in the Shiffman case, during which his involvement with another online furniture retailer, Eva, came to light.
Earlier discovery orders saw Sleeping Duck demand access to emails, documents and records of oral statements between Curry and Eva between February 2022 and April 2024 covering matters such as "trade secrets," budgeting and performance statistics.
In today's court hearing, CIE Legal partner Mark Waters appeared on behalf of Curry and said his client had handed over the court-ordered documents.
"It's up to the applicant now to say if it [has suffered] loss or damage and what that is. We'd like the applicant to say what it is we're dealing with," he said.
Sleeping Duck has engaged Clayton Utz in the dispute.
