Lamson Concepts Pty Ltd v Oscuro

In the matter of Lamson Concepts Pty Ltd v Oscuro, the applicant, Mr Oscuro, sought to have search orders set aside that were granted ex parte in favour of Lamson Concepts Pty Ltd. Mr Oscuro argued that Lamson had made material non-disclosures in its ex parte application for the search orders and had thereby breached its duty of candour. Lamson, a company that installs, maintains and repairs materials handling solutions and systems, alleged that Mr Oscuro, its former business development manager, had improperly obtained and used confidential information to set up a business in competition with Lamson. Mr Oscuro sought to have the search orders set aside, arguing that Lamson had failed to disclose material factors in its ex parte application.
The court was required to determine whether Mr Oscuro had satisfied the burden of proving that Lamson had made material non-disclosures when seeking the search orders, and whether such non-disclosures amounted to a breach of the duty of candour. The court considered the evidence and submissions presented by both parties and concluded that Mr Oscuro had not satisfied the burden of proving that Lamson had made material non-disclosures. The court found that there were no material non-disclosures and dismissed Mr Oscuro's application to set aside the search orders.
The court dismissed Mr Oscuro's application to set aside the search orders made by Justice Stellios on 8 April 2025, as varied by the orders of 15 April 2025. The court found that Mr Oscuro had not satisfied the burden of proving that Lamson had made material non-disclosures when seeking the search orders. The court further found that there were no material non-disclosures and that Mr Oscuro had not satisfied the burden of proving that Lamson had breached its duty of candour. The court dismissed the application and will hear from the parties as to the form of the orders to be made to give effect to its reasons and as to the appropriate order for costs.