Caruso sues MRC over confidential data 'breach'

Mineral Commodities is facing legal action launched by its former chair Mark Caruso for allegedly downloading and refusing to surrender confidential information it downloaded from his hard drive without permission, just months after sacking him.

In March, the mineral sands project developer announced it had sacked its chief executive and major shareholder of 20 years, five months after he stepped down as executive chairman after being charged with aggravated burglary, common assault and unlawful trespass.

Mr Caruso had insisted that he planned to defend the charges, which are understood to relate to his decision to assist a friend enforce an abandonment order and subsequent property seizure.

The board initially stated that it planned to stand by Mr Caruso, but the company indicated that the relationship between the two parties broke down after the board began making enquiries into what it described as a “potential related party matter”.

According to a writ lodged in the Supreme Court this week, Mr Caruso and Zurich Bay Holdings are now suing Mineral Commodities (MRC) for allegedly downloading and accessing confidential and privileged information via a hard drive owned by Mr Caruso without his consent.

In the writ, Mr Caruso claims MRC had used and disseminated the information without his permission and had refused to comply with demands to surrender the information.

The nature of the information allegedly obtained is unclear, as is how it had allegedly been used by the company.

Mr Caruso is now seeking a permanent injunction from the court that would prevent MRC from viewing or using the confidential information and force it to surrender all hard and electronic copies of the data.

He is also seeking damages and compensation, as well as court costs.