yeah, here's the whole thing! >http://www.systemics.com/legal/affidavit.txt > > >+-----------+ > IN THE EASTERN CARIBBEAN SUPREME COURT >|REGISTRAR's| > IN THE HIGH COURT OF JUSTICE | >OFFICE >| > ANGUILLA CIRCUIT | >9.55am >| > (CIVIL) |MAY >25 >2001| > A.D. 2001 | >ANGUILLA >| > >+-----------+ > >Claim No. 2001/0039 > >BETWEEN: > > DIGIGOLD.NET LIMITED > Claimant > > AND > > SYSTEMICS INC. > IAN GRIGG > Defendents > > > AFFIDAVIT OF BARRY DOWNEY IN SUPPORT OF APPLICATION FOR > INJUNCTION > >I, BARRY DOWNEY, of One W. Pennsylvania Ave. Suite 950, Baltimore, >Maryland >21204, being duly sworn MAKE OATH and say as follows: > >1. That I am attorney at law, admitted to practice in the State of >Maryland, >and >The United States Counsel to DigiGold.net Ltd, the Plaintiff herein. >In >addition, I also represent some of the shareholders of the First-named >Defendant Company. I have full knowledge of certain information >relevant to >this suit and am duly authorised to make this Affidavit in support of >the >Plaintiff's application for an injunction against the Defendants. > >2. The Defendant Company, Systemics Inc. is a Nevis corporation. The >Defendant Ian Grigg is the principal shareholder of the Defendant >Corporation, its Software System Manager and one [sic] the Programmers >of >the >said Corporation. > >3. In or about August 1999 the Plaintiff, a Nevis Corporation, >entered >into a software licence agreement with the said Defendant Company, >Systemics Inc. whereby the Defendant Company would developed [sic] >under the software license [sic] a product that is a gold backed >digital cash called "DigiGold". The DigiGold digital cash can be >traded against other financial instruments using the Market Server >developed by the Defendants. The Plaintiff pursuint to the Agreement >funded this development. > > >4. A further Agreement between the parties provided that the Plaintiff >and >its >shareholders are entitled to 25% of the shares in the Defendant >Corporation. >A >copy of the said Software Licence Agreement is exhibited herewith and >labelled "BD1" for identification. > >5. The Market Server and the server hosting the software and related >products >are housed and operated in Anguilla. > >6. Pursuant to the agreement the Plaintiff has provided funding on "as >needed" >and "as requested basis" under this Agreement. > >7. The total funds that have been sent by the Plaintiff Company and >its >shareholders over the two-year period are approximately US$370,000.00. >As >far as the Plaintiff is aware, this is the total funding that the >Defendents >have >received from all sources. > >8. The Second named Defendant, made his last request for funds in May >2000. >Thereafter, the Plaintiff made several attempts to get him to ask for >additional >funds, but in October 2000, the Second Defendant, as agent of the >First- >Named Defendant, indicated for the first time that the relationship >between >the >parties had changed and he did not think he could continue working >with >Plaintiff [sic]. > >9. The Plaintiff has made several attempts to get the Defendants to >accept >additional funding, but the Second-named Defendant either did not >respond to >these requests or indicated that he had made other commitments and did >not >know if he could continue to support the projects and would let the >Plaintiff >know. The plaintiff has made attempt after attempt to enter into >discussions >to >resolve the dispute without results. A copy of the e-mailed >correspondence >is >exhibited herewith as a bundle and labelled "BD2" for indentification. > >10. On May 21, 2001, the Second named-Defendant sent a notice to the >Plaintiff >that precipitously terminates the support for DigiGold and indicates >that >the >DigiGold server will be taken offline as of Friday, May 25, 2001. > >11. This termination will cause immediate and irreperable damange to >the >Plaintiff >and to all persons who hold any balance of the digital cash DigiGold. >The >Defendants intend and will exclude [sic] DigiGold from the Market >Server. > >12. "DigiGold" has been operational in beta form for over one year. >This >digital >cash has been sold over this period and a substantial amount of the >digital >cash >is outstanding in the market that will be rendered useless if the >DigiGold >server is pulled offline and the software support is discontinued. > >13. The Plaintiff has repeatedly confirmed its willingness to continue >funding the >project under the software license but to no avail. The Plaintiff will >escrow >the funding if necessary to confirm its commitment to fulfil its >obligations >under the said license. > >14. The intervention of the Court is unfortunately necessitated to >prevent >the >termination of the support for the Digigold digital cash and the >exclusion >of >Digigold from the Market Server. This will allow the parties to >immediately >begin arbitration or other appropriate legal proceedings to resolve >this >dispute >and to either continue the Plaintiff's relationship with the >Defendants or >obtain the DigiGold and Market Server software and hardware necessary >for it >to take over the support and development of these projects. > >15. We ask the Court to issue an immediate injunction that Because >[sic] the >Defendants repeatedly have asserted how easy it is to remove >themselves from >legal process by "jumping a plane to the next Island", and because the >software and hardware cannot function without the Second-named >Defendant's involvement or without his first providing sufficient >training >to >Plaintiff, Plaintiff also asks the Court to exercise its jurisdiction >over >the >Defendant and prevent his flight from Anguilla. > >16. Accordingly I respectfully ask that this Honourable Court grant >the >Plaintiff's >application for an injunction restraining the Second named Defendant >whether >by himself of [sic] by any of his servants or agents or any of them or >otherwise >from terminating support for the DigiGold project or from taking the >server >off-line or from removing the software or hardware from this >jurisdiction >and >further, that the Second-named Defendant be restrained from leaving >the >jurisdiction of Anguilla. > >17. Insofar as the content of this Affidavit is within my personal >knowledge, it is >true and insofar as it is not within my personal knowledge, it is true >to >the best >of my knowledge, it is true to the best of my knowledge, information >and >belief. [sic] > >SWORN to by the within-named ) ( B D ) >BARRY DOWNEY ) >________________________ >This 25th day of May 2001 ) BARRY >DOWNEY > ) > ) >Before me: ) > > (Tracie Marie Nye) > __________________ > Notary Public > > TRACIE MARIE NYE > NOTARY PUBLIC STATE OF MARYLAND > My Commission Expires August 2,2004 > ----------------------------------------------------------- "Great ventures create great mottos." --- You are currently subscribed to e-gold-list as: archive@jab.org To unsubscribe send a blank email to [EMAIL PROTECTED]
