For the use of client legal advisers - Privileged 22 June, 2009 by mmcsx

VIEWS: 8 PAGES: 4

									                    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
stevehys@hotletter.com.au 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.

								
To top