Friday, 19 September 2014

Zomojo v Zeptonics appeal going to the full bench of the FCA

I've not had much success in the Federal Court of Australia but a small ray of hope broke through the gloomy clouds yesterday. A very small ray. Honourable Justice Middleton permitted [though maybe didn't prevent is a better synopsis] my appeal to move forward to the Full Bench of the Federal Court of Australia with a likely schedule of February or March 2015.

No, it's not the appeal I wished I could present, but at least the Court has had the good grace to allow this piece of due process. Even though it feels a bit like a lamb to the slaughter, perhaps, just perhaps, the Judicial Officers of the appellate court will be able see the underlying truth and find a way to rebalance the scales the justice.

Winning the appeal would indeed be a Pyrrhic victory as the harm that has come to pass cannot be undone. With the good ship Zeptonics destroyed, scores of people and their families affected, there can be no proper accounting to undo the evil. I do hope Zeptonics can get the set of its intellectual property back that was ordered by the Court to be assigned to Zomojo, some of which is being used by Exablaze, and that dependent customers are not overly affected as they were in the sinking of Zeptonics. Obviously I believe I have a good case and hope for the best, but my personal court history suggests my chances are slim.

Being broke and trying my best to be an orderly self represented litigant, I have much to do over the next little while to fight a proper appellate battle. I do suspect I'll have a busy Christmas and an unhappy wife. If there is any one out there with suggestions or formal legal advice, apart from “Are you completely mad?”, please drop me a line on
“Never give in. Never give in. Never, never, never, never—in nothing, great or small, large or petty—never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy.” 
― Winston Churchill, Never Give In!: The Best of Winston Churchill's Speeches