Rights Commerce Court Action Against Digislide Dismissed

Rights Commerce Court Action Against Digislide Dismissed

In February, 2011, Rights Commerce decided to initiate an action against Digislide in the Supreme Court of South Australia, and the matter was adjourned until 1st March.

On 1st March, counsel for Rights Commerce advised the court it withdrew the application and an order was made dismissing the action.

The issue of costs has been adjourned for argument.

This was the second action by Rights Commerce. which had been dismissed by the Courts.

Background:

Digislide had consistently disputed the debt which Rights Commerce purported was owed, because Messrs Vandenberg and Burgess (Directors) had failed to produce the work required of them, under contracted Work Orders (May 2010), which had set out the Project Description as:-

"Establishment of Hong Kong joint venture company to be known as Digismart Commerce. Various services associated with the development of Digismart Commerce including preparation of a Technology Plan and R&D Roadmap, Resource planning and budgeting, specification of initial team and deliverables milestones "

Despite repeated requests by Luceille Outhred, Digislide's CEO, to see the work before paying the debt, Mr Vandenberg had been unable to provide any evidence of the work undertaken as contracted.

Mr Vandenberg had written to the Board in a letter dated 3rd August, and the Board had thoroughly investigated the matter. On 4th August, the Board wrote to Messrs Vandenberg and Burgess outlining in close detail why Rights Commerce would not receive payment of submitted invoices.

In September, 2010, Rights Commerce had initiated an action against Digislide in the Supreme Court of Victoria, regarding payment of invoices for the work Messrs Vandenberg and Burgess were contracted to fulfill. However, on 8th December, after Rights Commerce had failed to produce any evidence of work, the Judge dismissed the proceedings, and awarded costs in favour of Digislide on an indemnity basis.

Digislide Reserves All Rights

Digislide asserts that the failure of Rights Commerce to perform its contracted work, the unlawful removal of the computer and peripheral back up hard drives for several months, the destruction of the files thereon and the unwarranted protracted legal action by Messrs Vandenberg and Burgess and Rights Commerce has damaged the company, and caused significant cost.

The company has reserved all rights with regard to loss and damage.

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