|
It appears Amazing have now confessed to the Court that they breached the contract and misrepresented!
They now admit they never issued the shares that Clause 4.1 of the Agreement required them to issue immdiately on closing (April 10), but withheld them, and lied about having issued them - both to Interad and to the public.
As late as early August, they were sending Garrick strong assurances that the shares were issued "over three months ago" and blaming the Queensland Stamp Duties Office for delays in finalising documentation (though it turns out the OSR had issued a request for payment of about $30 duty, and Amazing had ignored it!)
They gave these assurances to encourage Garrick to continue disclosing trade secrets so that the integration project could actually begin. Yet Warwick Prince, of Amazing Australia, claims he had decided in June that the project was a failure!
Odd, since it wasn't until Garrick upgraded his home internet connection in mid July so that he could download the JD Edwards product Amazing sought to integrate to (because Amazing Aust. couldn't obtain a copy!) that they even had a copy of the software in which they claimed global expertise!
Apparently, while travelling all over Australia doing Mobility and Wireless Networking work for Amazing, Garrick was supposed to somehow master a new technology, and complete a massive integration project to a huge ERP system that he had never seen and had no access to!
(Well, to be fair to Amazing, they claim he was sitting in his home office working unsupervised doing they know not what for the entire time! Their customers and suppliers disagree! And it's curious that he has travel and accommodation vouchers and they refunded him air fares and hotel and hire car expenses for these trips that he apparently never made!)
And he was supposed to complete this huge integration project and deliver the result, despite the fact that Amazing had already breached the contract and lied about paying Interad.
Problem is, under the good old US "(in)justice" system, even Amazing's astonishing confession isn't sufficient to put an end to the hurt a fraudulent legal claim in the wrong jurisdiction is allowed to cause.
With total disrespect for the rights of foreigners to the protection of the laws of their country, and with complete disregard for the obligations of US corporations to respect the laws of the foreign countries in which they choose do business, the US courts deny Interad the right to expose hundreds of pages of irrefutable documentary evidence, then IGNORE Amazing's amazing (pardon the pun!) confession, for no better reason than that Interad didn't hire an "Orange County Attorney" - and they refuse to even listen to an explanation of why.
Worse, having won her own battle against Amazing, Lorraine Cobcroft can't even secure a copy of the court's decision.
Let's be very fair here. The courts are somewhat restricted in their ability to dispense justice. They rely on a wholistic system, which relies substantially for its integrity on the ethics and conscience of attorneys.
1. We are informed by the Court Clerk that Amazing's attorney was asked to send Lorraine Cobcroft a copy of the court's decision and agreed to do so. She did not. She was very quick to send a copy of an earlier decision in which she was successful in delaying proceedings - but when the decision was favourable to Interad, she sent nothing.
2. In California, as in Australia, the civil system relies heavily for its integrity on the requirement for attorneys to act ethically in support of the cause of truth and justice. An attorney should not represent a client they know is not being truthful and acting in good faith. The attorney is supposed to encourage proper disclosure of true facts, and assist a fair and just resolution.
If attorneys upheld that obligation, there would be no injustice.
In this case, the attorney submitted the Affidavits claiming those shares were never issued, and studied the Agreement that required them to be issued. She also read Interad's Affidavits and Briefs, and perused hundreds of email attachments clearly evidencing Amazing's dishonesty and seriously malicious intent - yet she continues to progress their claim and refuses to clarify any basis for it, except to repeatedly insist that requests for proper examination of facts and fair dispute resolution constitute "defamation" (and apparently claims that individuals are "mad" and "have a history of sustance abuse" do not).
What is more disturbing, however, is that we now have information that suggests a continuing pattern of contract breaches by Amazing.
Amazing is being sued by their largest acquisition, evidently for conduct remarkably similar to that in which they engaged with Interad.
Amazing has also been named as a cross-defendant in a legal battle with a very large US company - presumably a customer of one of Amazing's subsidiaries.
Ultimately, the truth will be exposed. It may take some time, and in the interim the damages continue to exacerbate - but Amazing can't hide behind its claimed "abundant resources" indefinitely.
Interad continues to call for proper investigation by regulatory authorities. We are concerned that the cancellation of shares bought for cash by one Interad Director is not an isolated incident, and that a pattern of unconsionable business conduct may be hurting hundreds - perhaps thousands - of decent, hardworking, honest people who have invested years in building businesses, or who have bought shares in good faith based on representations that are not in accordance with law.
We say it again: Interad wants nothing other than a fair hearing.
Amazing is determined to ensure that never happens. Why?
If the have nothing to hide, why can they not submit properly to the laws of the country to which they came to do business and allow fair exposure of the true facts and proper determination of the dispute.
We apologise again if we misjudge them - but it seems to us that only those who KNOW they have done wrong seek to prevent fair exposure of the facts.
Honest people do not fear the truth.
As for their childish personal attacks - they reflect very badly on officers of a public company that claims intention to list on a global stock exchange.
We hope there has not been the major investment of public monies that they claim was made to their company - because any investor is in grave danger trusting funds to the management of people who engage in these schoolyard antics.
They haven't attempted to address the dispute. They have merely raised totally irrelevant matters about which they have no knowledge, in a sick attempt to discredit individuals.
Sadly, the only people they discredit is themselves. It's very obvious to any intelligent reader what is happening.
Interad has a dispute with them - and they are not sufficiently honest, ethical, and respectful of law and fiduciary duty - to engage in the proper dispute resolution process. They are afraid of something - which readers will recognize immediately as a clear indication that they have done wrong.
Those who do no wrong have no fear.
The Cobcroft family are moving on with their lives. They have progressed a clever invention that addresses environmental concerns, and will shortly complete the commercialisation of that invention. Lorraine is successfully building a profitable new business.
Sadly, the only people Amazing's officers are hurting are the 513 Interad shareholders who are unknown to them and with whom they have no dispute - and the shareholders in Amazing who will ultimately pay the price for the manner in which the company officers spend their money and run the company's affairs.
Others who have been damaged by Amazing will hold them to account successfully even if Interad does not. And regardless of how confident Amazing may be that Interad's ability to hold them to account is currently compromised, they should be aware that Interad and the Cobcrofts have another five years to instigate action against them in the Australian courts, and to have any US decision overturned when the truth is exposed. We need not act in haste!
Sadly, the innocent stakeholders who believed the claims about
- the Interad deal being perfected,
- Amazing owning valuable IP assets it acquired from Interad,
- Amazing intending to integrate those assets to a globally marketable product,
- Amazing having extensive distribution outlets to successfully market, significant expertise in the JD Edwards ERP suite, a
- and Amazing having extensive support from Oracle Corporation to build a leading-edge global IT corporation
will pay the ultimate price for the conduct of the company officers and its lawyers.
We can only hope those people know what they are doing, and will prove our predictions of disaster wrong.
If they do, however, they will also prove that there is no such thing as justice or fair reward for endeavour - and that the claimed endeavours of the US Government to require high standards of ethical behavior and honesty of officers of US corporations have failed dismally.
Where is the SEC in all this. For the sake of investors worldwide, we sincerely hope they are progressing investigation.
As well as challenging Amazing to demonstrate integrity by allowing proper dispute resolution, we now also challenge their attorney to uphold the law by requesting proper and complete investigation of Amazing's conduct by independent authorities.
Her client is Amazing Technology Corp. - the shareholders - not J Bradley Hall or Simon Arkell. In the interests of protecting her client's interests, she should be ensuring that the officers of the company have not breached fiduciary duty. She should welcome - no, demand - fair and proper exposure of truth. If Hall and Arkell are vindicated, everyone wins - because Amazing can go forward successfully with no shadow of doubt or suspicion.
Only one who seeks to support wrongdoing would resist this challenge.
We also challenge the Californian Bar Association, the Californian Attorney General, and the Federal US Attorney General to demand proper investigation of Amazing's affairs - in the interests of ensuring protection for investors, partners, customers, suppliers, and future targets for acquisition.
Let's be certain that the law is being observed.
| 
