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/  Forum Index
   /  Amiga General Chat
      /  First round goes to Hyperion
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PosterThread
fairlanefastback 
Re: First round goes to Hyperion
Posted on 25-Jun-2007 21:45:51
#1 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@Tigger

Quote:

Tigger wrote:
@fairlanefastback




The problem with that theory is that if its not the 3.01 and 3.01 cannot be complied with (ie Hyperion theory #7), then Hyperion owes 22,250, they wrote a receipt for $22,500 but at very least they owe $22,250 back. Why are they asking for more money $8,850 when they already have collected $22,250 in a late payment as they are claiming? They havent claimed that it was moved to other debts, they wrote a receipt that it was for the 3.01 clause. So why hasnt that money been returned?



The payments to total $22,250 were back in 4/2003 and 5/2003 in two installments as far as we are aware right now. One wasn't even from Amiga Delaware (Itec), but from Tachyon. If Amiga incured any other charges after that date they would have to pay those completely first before they could pay the remaining $2,750 for the 3.01 clause. Why is it not returned? Thats unclear. We don't have a list of charges to work with from Hyperion yet with corresponding dates. Perhaps other monies are still in dispute. There is no language addressing if payment towards 3.01, especially partial payment, is refundable.

It additionally seems unlikely the $8,850 and $7k plus other payments besides the $20,000 from Itec and $2,250 from Tachyon were for 3.01 since the numbers make no sense next to the invoice for 3.01 Amiga Delaware has had all this time. Hyperion is not disputing $22,250 previously paid towards 3.01.

Quote:

The document of the hearing for the injunction.


That section reads, with Amiga's lawyer speaking:
Quote:

"The defense that is used in this proceeding is, well, gee, you were late, They don't say you didn't pay it. They don't say -- they haven't said, we have given it back to you. They don't say, we didn't acknowledge that you had made this election. They say, you paid it late."


First off Hyperion says payment of the $25,000 was not complete for 3.01.

Hyperion, right, does not dispute $22,250 paid towards it back in May 2003.

They don't say they have given it back, sure. But again, it dosen't say its refundable (or if its not), we do not know the nature of the other money disputes that the other payments went towards. They don't need to say they didn't acknowledge the election, they issued a partial payment invoice, of course they don't say that. They don't dispute a partial payment towards trying to activate it. What they dispute is:

The purpose of the article (buy-in vs. buy-out).

The right of Amiga Deleware (Itec) to act on it since they claim not being aware at the time of Amiga Washington's previous insolvency. They are claiming this newer knowledge changes circumstances.

They question, now armed with more information if Amiga Delaware even is the successor to Amiga Washington.

The "paid it late" peice is a secondary line of defense if the above arguements fail. So its not all they are saying. Its an additional thing. Again, a multi-layered defense, for *if* the judge knocks down the other defenses before it, they are saying, even if you get to that point, then payment was late anyway and only if you believe $25,000 was paid (rather than just $22,250), which Amiga Delaware hasn't even proven yet. So far they have shown no invoice for the missing $2,750 (or $2500 for the miscalculation made by both parties), nor have they shown proof that Bill McEwen's $2500 wire transfer indeed happened. And even then its $250 short.

Amiga has to break through a lot of barriers as setup by the defense IMHO.





Last edited by fairlanefastback on 25-Jun-2007 at 09:54 PM.
Last edited by fairlanefastback on 25-Jun-2007 at 09:51 PM.
Last edited by fairlanefastback on 25-Jun-2007 at 09:48 PM.
Last edited by fairlanefastback on 25-Jun-2007 at 09:46 PM.

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