Former West Indies Petroleum Company Limited (WIPL) directors Courtney Wilkinson and John Levy have been prohibited from, over a three-year period, executing similar business activities to WIPL and its subsidiary Island Lubes Distributors Limited in a Supreme Court judgement which underscores principles governing what is considered fair competition by current or former members or associates of a commercial entity.

Both companies were formed after a falling out between Wilkinson and John Levy with the top brass of West Indies Petroleum which led to both men being removed as directors.

The ruling, which arguably has implications for what is considered fair competition practices, was made recently by Supreme Court Judge Justice Kissock Laing in response to an application for an injunction filed by WIPL and Island Lubes against both Donna and John Levy. Wilkinson, EcoMarine Energy, and EcoPetroleum Limited were also named as defendants in the suit.

Justice Laing has also prohibited John Levy, Courtney Wilkinson, EcoMarine Energy and EcoPetroleum along with their servants or agents from using or misusing confidential information in relation to the contracts, suppliers, customers and employees of WIPL or otherwise exploiting the information.

The court order also bars John and Donna Levy, who are parties to an agreement for sale, from breaching a contract they have with Island Lubes.

Additionally, the court ordered that John and Donna Levy should not, over the next three years, on their own account or in conjunction with others, and whether directly or indirectly, establish, carry on or assist in carrying on, be engaged, concerned, interested or employed in, or provide technical, professional or commercial advice to any other business, enterprise or venture engaged in supplying goods or services identical, similar or competitive with marketing, warehousing and distribution of lubricants for passenger and commercial vehicles in Jamaica.

The husband and wife team have also been prohibited from having any proprietorship interest as shareholder or partner in any business which is identical, similar to or competitive with Island Lubes Distributors Limited or revealing confidential information about Island Lubes. A similar order was made in respect of Wilkinson.

The Supreme Court has also directed Wilkinson, EcoMarine and EcoPetroleum Limited not to, over the three-year period beginning October 2019, “induce or procure and/or continue to induce or procure the Levys to breach clause eight of a contract the Levys have with Island Lubes which forbids them from engaging or associating with a competitor to Island Lubes”.