Permadec, a leading supplier of GRP permanent formwork for major infrastructure and civil engineering projects across Australia, has welcomed a UK High Court judgment containing significant findings in favour of its parent company, EMJ Plastics Limited, following legal action brought to protect confidential information and specialist expertise developed within the business over many years.
Permadec is the trading name under which EMJ Plastics supplies its specialist permanent formwork systems in Australia, where its technology has been used on major transport and infrastructure projects including the Sydney Gateway Project, METRONET projects in Western Australia, the West Gate Tunnel Project in Melbourne and other significant projects throughout Australia.
The High Court of Justice of England and Wales found that former EMJ operations manager Ian Baggaley copied 11,579 EMJ files onto a Toshiba drive for use in a new competing business, Mekina Industries Ltd. The Court found that Baggaley acted in breach of confidence and contract, failed to return the material and subsequently used EMJ information at Mekina.
Mark Johnson, another former EMJ employee and co-founder of Mekina, was found jointly liable for the use of confidential EMJ material.
The judgment also contains significant findings about the subsequent use of EMJ information. The Court found that confidential material included information reflected in a marketing email sent to potential customers, and that Johnson knew Baggaley had taken enough confidential EMJ material to run a competing business.
The proceedings were brought by EMJ to protect information, knowledge and expertise developed through decades of investment, innovation and project delivery. The business behind Permadec has more than 60 years’ experience in GRP permanent formwork, with the system supplied for more than 6,000 bridge and civil structures worldwide.
Brian Minihane, Permadec’s Australian representative, said Permadec has established a strong position in Australia by bringing decades of specialist knowledge and proven GRP technology to some of the country’s most important infrastructure projects.
“That experience matters, Mr Minihane said. “Our customers rely not only on the products we supply, but on the technical understanding, design capability and specialist knowledge behind them. Those are assets that have been developed through sustained investment and real project experience over many years.”
“The UK High Court has now made significant findings and we welcome the clarity the judgment provides. We do not intend to embellish those findings; the judgment speaks for itself,” he added.
“For our customers and partners in Australia, our focus remains exactly where it has always been: supporting their projects, delivering reliable specialist GRP solutions and continuing to invest in the expertise and innovation behind Permadec.”
Permadec has developed an established Australian project portfolio, working with major contractors, government infrastructure clients and engineering consultancies.
On the $2.6 billion Sydney Gateway project, Permadec designed, detailed, manufactured and supplied more than 14,000 m² of GRP permanent formwork across five structures. Its Australian portfolio also includes Bayswater Station in Western Australia, the Breakfast Creek Green Bridge in Brisbane, the Majors Road Interchange in South Australia and various bridge projects associated with major transport programmes in Victoria such as the West Gate Tunnel and the ongoing North East Link Project.
“Provenance is particularly important in specialist engineering. The Permadec system is backed by more than six decades of development and experience across thousands of structures internationally, and we are proud of the reputation it has established in the Australian market,” Brian Minihane continued.
“We believe specialist businesses have a responsibility to protect the confidential information, technical knowledge and intellectual property developed by their people. At the same time, our priority is firmly on the future and on continuing to support Australia’s infrastructure sector with safe, efficient and technically proven GRP permanent formwork solutions.”
Further matters, including remedies arising from the UK High Court judgment, remain to be determined by the Court. EMJ Plastics and Permadec will not comment on those matters in advance of the Court’s decision.
The full judgment of the High Court of Justice of England and Wales can be read at: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2026/2163?query=EMJ+plastics