Application for an interlocutory injunction to restrain termination
of services
Writ to be soon
IN THE HIGH COURT OF JUSTICE
[insert case number]
QUEEN'S BENCH DIVISION
[insert name of judge]
BETWEEN:
JIM LEGG
Plaintiff
-- and --
IHUG
Defendant
The Plaintiff's claim is for:
(1) An order restraining the Defendant whether by itself, its
servants, its agents or otherwise howsoever from:
(a) (i) terminating services or threatening to terminate services to the Plaintiff, denying his status as "Lifetime
Premier Internet" account holder; and
(ii) treating the Plaintiff as other than continuing
to be served by the Defendant as "Lifetime Premier
Internet" account holder unless and until the Defendant has
properly complied with the disciplinary procedures constrained by the Plaintiff's
de facto status; and
(b) giving effect to its threatened termination of services to the
Plaintiff, denying his status as "Lifetime Premier
Internet" account holder.
(2) Further or alternatively damages for breach of contract.
Here are four types of damages for Ihug's breach of contract:
(1) Perceived present value between "premier" and "dial up".
(2) 2% of Ihug as proven venture capital.
(3)
If I lose, the perceived damage to my unique place in the "uploader"
world as rightly developed because of perceived "premier" value. Win or
lose, this is my stake on the table, so Ihug must be prepared to lose
the same or raise the stakes.
(4) Other punitive measures.
(3) Interest on the said damages pursuant to section 35A of the
Supreme Court Act 1981.
This writ was issued by JIM LEGG
.
Summons
IN THE HIGH COURT OF JUSTICE
[insert case number]
QUEEN'S BENCH DIVISION
[insert name of judge]
BETWEEN:
JIM LEGG
Plaintiff
-- and --
IHUG
Defendant
LET all parties concerned attend the Judge in Chambers at [insert room
number, court, date and time] on the hearing of an application on the part
of the Plaintiff for an order that
(1) the Defendant be restrained by injunction until trial or further
order from (whether by itself, its servants, its agents or otherwise howsoever)
(a) (i) terminating services or threatening to terminate services to the Plaintiff, denying his status as "Lifetime
Premier Internet" account holder; and
(ii) treating the Plaintiff as other than continuing
to be served by the Defendant as "Lifetime Premier
Internet" account holder unless and until the Defendant has
properly complied with the disciplinary procedures constrained by the Plaintiff's
de facto status; and
(b) giving effect to its threatened termination of services to the
Plaintiff, denying his status as "Lifetime Premier
Internet" account holder; and
that the costs of the said application [be paid by the Defendant to the
Plaintiff]
Dated 7th March 2006
This summons was taken out by JIM
LEGG
To IHUG
Monday, March 6th 2006.
Dear Ihug Staff, & srdjan.m
At least there is no mystery why my account was closed. You have been
misled. My account is not complimentary nor could ever have been
expressed as having a limitation in down-market "dial-up" terms.
Furthermore I did not instruct anyone to reopen any account and no
explanation was given for the password hack, as is now suggested. Ihug
were covering up the true situation and I was under the assumption that
the password had been hacked as threatened by what I was told by Ihug
was a bogus email not originating from Ihug but an outsourced direct
marketing company.
Prior to the iiNet purchase of Ihug this "Lifetime Premier Internet"
definition of my account was previously enforced by the then General
Manager of Ihug, the one who was previously employed at Air New
Zealand, whose name escapes me. I'll be most pissed if I have to
install Google Desktop just to sieve out the huge mountain of Ihug
correspondence. Ah Presto! He's Duncan Shand. One of the few that got my analogy of how
fledgling Teal (pre AirNZ) trying to sell a lifetime account restricted
to flying boats was as inane as Ihug selling a lifetime account
restricted to dial-up. At no time have I considered my account as
"lifetime basic" instead of "lifetime premier" for the obvious reason
of being able to handle the technical limitations of changing
circumstances.
So I tell you to use your common sense and look at the evidence of my
upgrade to broadband from dial up around 2003. Ihug then again went
through the same process of verification that you are going to and it
doesn't worry me in the least to come in for a morning coffee so you
can verify who I am in the flesh. I would hope that you will continue
to verify my lifetime from time to time. I would not like to see
someone else take over my identity.
It was around September of 1996 that a banner ad in Ihug's colors first
appeared
on Ihug's homepage offering a Lifetime Premier Internet account for
$1996+GST one of which I accepted. I am on record with the tax
department as
having successfully exempted this transaction from GST as it went to
make up my old age lifestyle. I'm also reminded by my witness, Nigel W.,
that there where extended credit card payment terms advertised, but I
paid in cash over four months. I think there was some money back if you
wanted out within a year or so.
It was envisaged that the internet over
my lifetime would obsolete my then existing dial up technology and it
was considered that "premier" meant up to the best individual
"all-you-can-eat" account being offered at any one time. The best Ihug
offered at that time was "all-you-can-eat" and no one in their right
mind would buy a perpetually entry level lifetime account. What you are
thinking is that no one in their right mind would sell a lifetime
premier account now. But tacitly, it did happen and the application of
the "premier" terms have held good for ten years. That's all I was
concerned
with. I just wanted to go through life without an invoicing problem. I
later found that I made good use of my lifetime account to foster the
aims of alter ego, Jimekus of Ekus UN-incorporated as the neuroeconomy of the left prepares
for my eventual mind-uploading. My efforts in this area have been
rewarding thanks to Ihug.
What you are proposing I
accept amounts to a termination of services and a devaluation of my life. That's not in anyone's
interest to even contemplate. I'm sure a judge could explain that to
anyone interested. Let me suggest an alternative. Get those in your
marketing department, the ones who are directing this witch hunt, to
prepare an amortized price for what a "lifetime premier internet"
account is worth today and present it to a judge as recognition of what
I think I already own. I'm sure he will agree.
Nick Wood, (not the Nick Wood of my client
Griffith Labs), but of Ihug was given four $500 cash payments, as shown in an Ihug cash receipt
book, described as for, "Lifetime Premier Internet Connection". He was in a hurry to sell part of the company in Australia and
needed the walking and talking money. He said he would, on his return
from Sydney, to have prepared the contract outlining what would
happen to lifetime accounts on the sale of Ihug., etc. etc. Nick Wood
wanted to cancel the account when he came back. He failed to send the
contract and I then started to investigate placing a caveat over the
name Ihug. I could not prove that there were any others in my
position. I was told there were four like me but saw no names.
Early on, for asking for the contract, I was humiliated by Tim Wood
arguing by email with Nick Wood, because they wanted out. Their
relationship with me was tense until broadband arrived and iiNet bought
Ihug. Your service is how I expect to be treated.
The name Ihug was built into URLs in my Ingrid software as it was
guaranteed safe for my lifetime. As such, I entered into correspondence
with DomainNZ on this subject and had several conversations with the
General Manager of Telstra over the implications of my lifetime account.
On more than one occasion this matter has been brought to the attention
of Ihug's corporate solicitors both internally and externally, none of
whom are available to comment. Ihug's correspondence already confirms
the definition of "lifetime premier internet account" and I hope it
won't take a high court discovery order for you to confirm your
compliance with said binding communication. It seems remarkable that
everyone who has ever made a decision on my account has mysteriously
ceased their employment with Ihug just around the time that I start to
be taken seriously. That's not fair.
This pattern of continued arguments with Ihug over the last ten years,
and there have been many like this, though all settled to my
satisfaction, held by some to be harassment, should not be used to
shorten my lifespan.
"We can spend the next five years in court to get back to the very
place we're at right now. They will fight tough. They will fight dirty.
They'll pressure your boss. They'll pressure the people who appointed
your boss. They'll pressure the wives of the people who appointed your
boss and you will never hit them any harder than this. And you know
it." - Syriana
"He didn't know they'd kill her. But that's the way it works with
corporate / political murder. Boss gets wind of something. Calls
in his head of security, who talks to someone, who talks to a friend of
someone. Finishes up with an answering machine in a rented office. A
couple of sensitive gentlemen in a blue pickup truck. You'll never know
who ordered the hit." - The Constant Gardener
"Let me tell you what I'm facing. They dragged him in the desert. Cut
out his tongue. Chopped off his manly apparatus and stuffed them where
his tongue had been. Then they crucified the poor bugger. Pathologist
opinion: he was still alive when they nailed him up. Of course I might
be lucky." - The Constant Gardener
Dreams of movie quotes notwithstanding, I awoke Sunday to a phone invoice from Ihug charging
me $10 for extra email
addresses. Funny, I thought. No notification that the 5 free boxes were
withdrawn. On Monday morning I was presented with a list of 6 or 7
emailboxes opened and closed over the last 10 years. At most only 3
were active.
On going to "My Account" at Ihug, to delete the 2 unused email accounts,
I noticed the monthly charge for my lifetime premier account has gone
from $0.00 to $114.95 per month.
A clip from an old invoice showing internet charges of $0.00 each and
every month is juxtaposed against the current account summary now
showing this billed at $114.95 per month when previously the same form
showed $0.00 (Special Deal) which is what someone had put to avoid
billing for my lifetime premier internet connection. I am seeking an
Disputes Tribunal order reinstating the ever changing and ever
obuscating announcement on my Ihug Accounts Overview page to the static
one shown previously. I am fearful that unless the discrepency and
these fumbling errors , shown in attachment pages AccountOverview.gif
and AccountOverview5-3-6.gif respectively, are fixed then the next invoicing
computer run on April 5th, 2006, will choose the wrong value to
invoice. An order can be made now for costs to investigate an old
computer cache for an exact copy of the original $0.00 (Special Deal)
page.
If nobody moves and the account is credited back to $0.00 then I will
take no further action. Otherwise I will consider picketing the offices
of Ihug, with the opening double edged sign, as shown above.
Yours sincerely,
Jim Legg
PS. Until I hear from you, a copy of this email has reached the top of
my Ihug homepage and is now refreshing itself in the court of public opinion.


