Guy Mckenzie and Adam Gilmore from Get Tonic. Photo: contributed
Guy Mckenzie and Adam Gilmore from Get Tonic. Photo: contributed

App competitors face trial over ‘stolen’ confidential info

Brisbane app creators are suing a Maroochydore pharmacy owner for $3.3 million over claims he used confidential information to create his own medication delivery app.

Get Tonic, whose directors are Adam Gilmore and Guy Mckenzie, is suing Amcal+ Express Pharmacy owner Joe Zhou in the Queensland Supreme Court.

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Pharmacy owner fights $3.3m lawsuit over 'stolen' app info

According to court documents, they are claiming lost profits of $3.3 million, alleging Mr Zhou, from Mountain Creek, breached their contract and used confidential information to his advantage.

They claim that without the information provided to Mr Zhou from their app, he never would have been able to create his own app, myMedkit, so quickly.

Mr Gilmore said he and Mr Mckenzie met Mr Zhou a couple of years ago when he inquired about their app.

"He had been doing telephone delivery orders on the Sunshine Coast and thought what we were doing was a great concept and that he really thought that was the way things were going to go," he said.

Mr Gilmore and Mr Mckenzie claim that they wouldn't have entered into a partnership with Mr Zhou if they knew he was planning to compete with them.

They then learnt of another app entering the market which Mr Zhou had created, called myMedkit.

"It came as a real shock to us," Mr Gilmore said.

Get Tonic and myMedkit are apps that enable the ordering and delivery of prescription medicines sold by pharmacies.

In December last year, Get Tonic succeeded in a disclosure application against Mr Zhou and others who had worked on myMedkit.

During that application, it was revealed that confidential screenshots of the app's internal logistics software were provided to software developers in India who were developing the myMedkit app, along with other confidential information.

Mr Gilmore and Mr Mckenzie claim the confidential information Mr Zhou used gave him a six to 12 month advantage on bringing his app to the market.

They claim that caused Get Tonic to lose an opportunity with Australia's largest health and wellbeing media network, Tonic Health Media.

However Mr Zhou claims he was working on his own app, myMedkit, long before he met the competitor app creators.

He claims he told Mr Gilmore and Mr McKenzie that he was in the process of making myMedkit in their very first meeting.

Mr Gilmore and Mr Mckenzie estimated that the agreement Mr Zhou allegedly entered into with Tonic Health Media would lose them $3.3 million in profit, based on the average amount of users and orders made with Get Tonic.

Mr Zhou denied the agreement, saying negotiations broke down between the companies and no deals were made.

The trial is expected to take place next year.


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