DDH1 to challenge 'copyright breach'

A Mandurah-based training services firm is suing drilling contractor DDH1 over claims it breached copyright by handing over the firm's materials to a rival company after their 13-year relationship soured.

According to a writ lodged in the Supreme Court, Advanced Mine Performance Training Services had been contracted by DDH1 from January 2006 until mid 2019, providing DDH1 and its employees with copies of its training manuals and assessment materials.

Among those employees, Advanced Mine claims, was Glenn Jay Walters, who had served in DDH1’s health and safety division.

But by 2019, the two companies had parted ways, with DDH1 instead contracting Precise Training Services - a rival company spearheaded by Mr Walters.

In the writ, Advanced Mine alleges between April 2018 and November 2019, DDH1 authorised multiple acts of infringement of its copyright in the materials of Precise Training Services, acts it claims arose out of DDH1's connection with Precise Training Services and Mr Walters.

Further, Advanced Mine claimed DDH1 did so without its permission.

Advanced Mine is now pursuing legal action, claiming damages for the alleged copyright breach, as well as interest and court costs.

The Mandurah-based company is lobbying the court to hold an inquiry to determine the nature and extent of the loss caused by the alleged infringement of copyright and has demanded DDH1 deliver up all materials still in its possession.

A DDH1 spokesperson told Business News the group had engaged legal representation to respond to the allegation, which it intends to "vigorously deny".

The spokesperson said the company was left confused by the legal action, which appeared to target its service provider.

The legal action was lodged just 24 hours after DH1 Drilling launched a takeover of South Guildford-based counterpart Swick Mining Services, proposing to acquire all of Swick’s issued capital for 35 cents a share.

Should the takeover proceed, the combined company would possess the largest fleet of drill rigs in Australia and have a combined annual revenue of $445 million.

The board is expected to unanimously recommend shareholders vote in favour of the transaction.

The court case comes after a bumper year for DDH1, which debuted on the ASX in March.