District Court lawsuit against Bruce Abernethy outlined, alleged $15.4m in tender opportunities lost Former Port Adelaide footballer and sports commentator Bruce Abernathy is being sued over his business dealings. Mr Abernethy and his business partner, Mark Warton, are being sued by their former employer - commercial joinery company IJF Australia. In documents filed this week, the company asserts it lost the opportunity to undertake $15,461,269 in projects because of Mr Abernethy and Mr Warton. It asserts they used inside knowledge to create their own company, Direct Project Services - while still employed by IJF - and undercut its tenders. IJF further asserts Mr Warton never informed it of 47 other lucrative contracts it could have pursued - and the work went instead to DPS. This afternoon, Mr Abernethy told The Advertiser he would continue to fight the claim in court. "I'm looking forward to vigorously defending all the allegations," he said. Now, after 18 months, we finally have something to defend. In August last year, The Advertiser revealed IJF had filed action against Mr Abernethy, Mr Warton and DPS. In its statement of claim, IJF asserted it has been involved in the fit-out of stores, hotels, hospitals and other businesses since 1964. It obtained that work by tendering in competition with other businesses, and kept those tender details confidential. IJF asserted Mr Abernethy served as the company's chief executive officer between 2005 and 2009, and then as a consultant until February 2010. " (He was) not to make a profit for himself, or others, in competition with IJF or by use of its resources, including its confidential information," it asserted. IJF claims that in April 2009 Mr Abernethy and Mr Warton established Direct Project Services as a competitor. It claimed that, on 162 occasions between May 2009 and February 2011, the duo used IJF's confidential information to prepare competing quotes or "procure" its employees to do their work. " (Abernethy and Warton) knowingly misused IJF's resources in furtherance of a dishonest and fraudulent design," it asserted. Abernethy and Warton wrongfully and maliciously conspired and combined among themselves to defraud and injure IJF. By their breaches, Abernethy and Warton have been unjustly enriched. At the time, Mr Abernethy told The Advertiser he would be "vigorously defending all allegations." "It's before the courts and I'm comfortable with what the outcome will be," he said. His lawyers later filed an application asking IJF's claim be struck out for being "inconsistent" and not following District Court rules. In June this year, Master Mark Rice refused the request and ruled the claim should go ahead. "Obviously if these assertions are made out, the conduct of the defendants is entirely reprehensible," he said in his judgment. Assuming (the claims) are genuine, then it is obvious the defendants have acted in a most calculated way. Master Rice agreed there were problems with IJF's papers but they were adequate. I do not accept the argument that the defendants cannot ascertain what is being alleged against them (or) that the scope of the claim is too large. Either the defendants have inappropriately used confidential information or not," he said. Mr Abernethy and Mr Warton filed an appeal against that decision. However, the court was last week told the parties had reached an out-of-court agreement that IJF would re-file its statement of claim. That updated statement of claim was filed with the court this week and obtained by The Advertiser today. It repeats the initial claims and particularises 34 occasions on which Mr Abernethy and Mr Warton allegedly used IJF's "confidential costing book" to secure tenders for DPS. IJF asserts the most valuable of those contracts was worth between $1 and $1.18 million, while the least lucrative was worth $79,009. It further asserts it has identified 47 other occasions on which Mr Warton knew of an opportunity to submit a tender, but did not inform IJF. The case returns to court next month.