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why Yowie will get the wrapping machine back this week, page-6

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rtswa

990 Posts.

15/09/16

16:53

Post #: 19184717
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Originally posted by greg123 ↑

I did some research on replevin laws in the U.S. to figure out why Yowie didnt get the machine back yet and to get an understanding of the possible outcomes for the trial this Thursday.

Here some answers to the questions I had been asking myself...

Q: What is a writ of replevin ?
A: requesting a court to order that you get something back that belongs to you

Q: how could whetstone keep the machine despite the judge having ordered the machine be returned to Yowie ?
A: until completion of the trial the judge can only make temporary decisions as to who should have the machine. Until a final decision is made the party that has the machine can post a bond to keep the machine- which is what whetstone did

Q: is there a chance the judge will let whetstone keep the machine further?
A: I don't see any legal mechanism for whetstone to keep the machine any longer. Whetstone agrees that the machine belongs to Yowie, Yowie has provided evidence that it owns the machine, and the judge has previously ruled that the machine belongs to Yowie.

Q: if whetstone doesn't own the machine, how could they possibly expect to keep it?
A: whetstone wants to keep the machine for 10 years before returning it to Yowie as this was the duration of the manufacturing agreement. however- closer inspection of the agreement shows there is no obligation for Yowie to keep the machine at whetstones factory and Yowie is permitted to suspend production for any period of time.

Q: what happens after Yowie gets the machine back?
A: the remainder of the trial will deal with the question of alleged unpaid invoices of around $120k as well as the question of whether Yowie has to pay for 10 years of fixed costs to whetstone. I don't have any information on the former matter but as for the latter one it would seem crazy for the judge to order Yowie pay costs to whetstone that he hasn't even incurred yet and wont be incurring due to suspension of production.

Q: what is the most Yowie may be ordered to pay whetstone?
A: the only amount that I see the judge could order be paid are actual costs incurred by whetstone to date- which as far as I know is $1m for the initial production line. I don't see how the judge could force Yowie to pay this though if it can be shown whetstone intended for the production line to be used for other clients as well which appears to be the case as only a line set up exclusively for Yowie could form the basis of a claim. in any event the judge cant award whetstone losses if his losses have been mitigated by using the production line to produce other confectionary.

Q: what is the most whetstone may be ordered to pay Yowie?
A: Yowie has sued whetstone for 2m in damages. no idea as to the likelihood of this being awarded. they are in part suing for the comments whetstone allegedly posted on hotcopper under the name jwest

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Excellent explanation. Hi5 for taking the time to write this.

YOW Price at posting: 67.0¢ Sentiment: Buy Disclosure: Held
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