For the use of client legal advisers - Privileged 22 June, 2009 The Chief Executive Officer Mr Anke Johannsson Fidelity International Corp 100 York Street SYDNEY 2000 Dear Sir, REPORT Re: Trading name Dodo Computers OUR REF: AFm1206/2009 We refer to your instructions of 27 May, 2009 to conduct inquiries into the use of the trading name Dodo Computers in Perth WA with view to potential litigation relating to statutory and contractual breaches. SUMMARY We have investigated this matter within the limited scope of your instructions. We have determined an electronic equipment hire and retail store named Dodo Computers conducts business at Mt Hawthorn in Perth, WA. The business offers a wide range of equipment including laptop computers all bearing the label Dodo Computers. We recommend further investigations be carried out, particularly to obtain statements from the landlord of the current premises, his leasing agent and the leasing agent relating to premises Dodo Computers proposes to use. THE INVESTIGATION During our investigation we attended 2179 Sutton Street, Mt Hawthorn, an outer suburb of Perth. This is a light industrial area with many small businesses located along the length of Sutton Street. The address is the business premises of Acme Bytes Australia being a computer store. Adjoining the premises on the right and set back off the road we observed a free standing small warehouse bearing a prominent sign: Dodo Computers. There is nothing that visually indicates a trading link between these premises and Acme Bytes Australia. Parked outside the Dodo Computers warehouse we noted a large commercial van with no descriptive sign writing, registered number 000-000. We entered Acme Bytes Australia premises and engaged sales staff in conversation. We were told the business next door is a competitor and has been trading for about six months. We subsequently entered the premises of Dodo Computers under the pretext of inquiring about the rental of a number of laptop computers. A young man named Steve discussed hire rates and that a single laptop is available for $AU 70 per week. Steve advised they hire various electronic equipment including plasma televisions, laptop computers and DVD players. We observed an extensive range of electronic equipment including DVD players, laptops, video cameras and associated equipment stacked on shelves and within the rear storage area where Steve showed us the range. All items we saw had labels affixed displaying Dodo Computers. The premises were untidy with equipment and boxes cluttering the floor. We also observed a number of printed emails on the showroom walls, which appear to be messages of appreciation from various schools and businesses in Perth. We noted the names and email addresses of several of them and these are attached for your perusal. We noted the emails were addressed to Carl Long at Computer Village Rentals. There was no signage or stationery visible to us other than labels and signs bearing the name Dodo Computers. Before we departed Steve had handwritten his email address firstname.lastname@example.org for us. This is attached. Steve further told us their business will be moving to larger premises within a few weeks because they had outgrown the premises. Furthermore, Steve told us that they have almost secured a lease of a building directly on the opposite side on Sutton Road. Steve told us that the business will retain its phone number and where we can contact him during business hours. PHOTOGRAPHS We obtained several photographs of the current premises. We also refer you to the enclosed diagram. Insert 1 The above photograph shows... Insert 2 This photograph was taken from….. Insert 3 Shown above is a... Insert 4 The above photograph shows…. Insert 5 Shown above is a… SEARCHES We searches ASIC records for reference to Dodo Computers. No record was revealed. We searched records at ……. Council and determined the name of the landlord owner of the premises presently occupied by Dodo Computers. The details are shown in the attached certificate. We have not approached the owner and will await your further instructions in this regard. ENCLOSURES The enclosed items form a part of this report: 1. Certificate of search issued by …… Council 2. Note written by Steve of Dodo Computers 3. List of names and email addresses We trust the findings will be of assistance and we thank you for referring this matter to us. We will not proceed with further investigations unless you instruct us. Yours faithfully, Peter Peterson Peterson Crumb Dewer & Associates Disclaimer - This report is based solely on information and evidence obtained during our investigation. We do not purport to advise on liability or conduct of this matter. We defer final conclusions and decision to client legal advisers.
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