NEA (ASX) Ann: Application for preliminary discovery against Spookfish

Originally posted by Kfann ↑

Hi all,

I actually have a lot of respect and sympathy for Nixon. But as with many brilliant technical pioneers, I believe his marketing vision for his product was severely impaired and this became apparent as his favoured Google public forum (=advertising) model was not getting the critical mass necessary for real $. Enter SC; self professed marketing guru (but hey, aren't they all...lol) who starts steering the technology into they commercial/paywall verticals we are seeing and coys are paying for today. Great for us and NEA. But along the way, I detected that Nixon was getting more and more frustrated with the direction SC was taking his technical baby and things may have got a bit heated towards the end.

Think of it like a mother losing her child in a custody battle: no reaction would be rational. The dumping sale of the 40m was going to happen. Nixon was actually very fortunate that there was enough growing demand at the time to absorb the stock at a price 2 times the past 6 month average.

Hell, even I didn't foresee 50+c and I let 1m go at 11c thinking, after 4 years, "whew!" But now thinking more like Homer.

Another point to be made here is Nixon's association with his fellow ex IPR colleagues at SFI. Its 'possible' there is one (beyond being a minor shareholder) but I'm sure that whilst the discovery is on going, no formal association will be entered into. I'd imagine that Nixon's NEA exit conditions (re competition and IP) were likely to be the tightest of all so his association with SFI is currently being limited to that of mere 'shareholder'. Hmmm, surely there wouldn't be any call logs between him and the SFI technical team? ;-0

The game starts next week..

Defendants file evidence 16 Feb (wonder if SN has been added to the list?)
Plaintiffs file evidence 13 Mar
Outline submissions 16 Mar
Discovery hearing 19 Mar

I wonder if anyone from Sydney can get access to that hearing on the 19th?

Cheers,

Expand

I would not like to be the one sorting out this " MESS " !!

Supreme Court
New South Wales
Medium Neutral Citation:
nearmap Ltd v Spookfish Pty Ltd [2014] NSWSC 1790

http://www.caselaw.nsw.gov.au/decision/54a640003004de94513dca5e