Coober Pedy News

No 10                                               July 24, 2002

Archived copy

Letters

Civil Cyber Case Continues

Two months ago in the previous Magistrates Court sitting in Coober Pedy the possibility of a future civil cyber case was aired. It was reported in the May 29 issue (No 6) of the Coober Pedy News.

The parties were given 21 days for Mutual Discovery. Nothing happened so the case progressed to a Conciliation Hearing, which was heard this week.

This time both parties were in attendance, each with legal representation. The plaintiff is Mr Stewart Bird, owner of "internetopals.com" and the defendant is Mr David Arnold, owner of "cooberpedyopal.com".

Mr Proud, representing the plaintiff, put the case that the defendant was approached by the plaintiff and asked to provide a quote on constructing a website. Mr Bird has traded in Tucson Gem Fairs in the USA under the name "Australian Colored Opal".

Mr Proud said that Mr Bird decided not to accept the quote provided by Mr Arnold and instead studied website construction and made his own site, but was unable to register the domain name "australiancoloredopal.com" because it was already owned by Mr Arnold.

Mr Proud said that his client had asked Mr Arnold to release ownership of the name, and that Mr Arnold's response was to ask for $50 to do the paperwork.

Mr McGee, for the defendant, said that after his client had been unable to convince Mr Bird to part with $50, so he had sent Mr Bird the relevant paperwork so that Mr Bird could do it himself.

The magistrate said that it was likely that a judgement would not go against a defendant who had recognised the error of his ways and had offered a reasonable solution to a plaintiff who then refused it.

Mr McGee said it was getting too complicated for him and he would bow out and Mr Ed Jolly would take over if the case proceeded to trial.

Editor's note: An internet search of the database of "Whois" on the Tucows site (as at 25 July 2002) reveals that the owner of the name "australiancoloredopal.com" is David Arnold of Box 44 Coober Pedy, and that the registration was made on April 15, 2002.

An internet search also reveals that the registrant of "internetopals.com" is Melvyn S Bird P.O. Box 1026 Coober Pedy, and that the record was created on Sat Mar 10, 2001.

Council Minutes Extracts (Unconfirmed until the next Council meeting, August 19)

Report for June 2002 to Council from Trevor Peek, Economic Development Officer

National Opal Industry Strategy

A meeting was held on Tuesday 25 June 2002 at which representatives of the four opal fields attended and was facilitated by Joe Collins of Collins Anderson. The outcome of the meeting was to form a Steering Committee to organise the incorporation of a State Association to represent the Miners of the four opal fields in South Australia. This is the first step towards the forming of a National Body in David McKinna's "Strategic Assessment of the Australian Opal Industry".

Questions On Notice

Cr S Baines:   Q.     What are the hourly labour rates charged by council for private works?

                   A.    The hourly labour rate for private works is $35.00 per hour plus 10% GST.

Cr H Blobel:    Q.     There are numerous Opal Buyer signs in private properties in Coober Pedy. Do these

                                   people pay commercial rates and if not why not?            A. Yes.

                            Q.     Before the bitumenising of Brewster Street, have connections to future users been

                                   prepared as it was planned?

                           A.    Yes. Provision has already been made to facilitate these connections in the future

                                    should it be so determined.

                            Q.    When planning the construction of Brewster Street councillors were told that

                                    something should be done about future flooding of adjoining properties below like

                                    street kerbs. What is the likelihood of that to be completed?

                             A.   With the likelihood of less major capital works in the 2002/2003 year, it

                                     is proposed that the unsealed road maintenance budget will include an allocation

                                     for kerbing, with Brewster Street already identified as a high priority.

Motions on Notice

Moved : Cr S Baines, Seconded : Cr M Maylin     That all Managers supply to Council at the August meeting a list of all assets considered surplus to their needs. CARRIED

Moved : Cr S Baines, Seconded : Cr Y Athanasiadis     That Works, Water and Electricity managers provide a financial report with their monthly reports to Council. The report to contain total budget allowance for the financial year and expenditure to date at the end of each month. The report is to also highlight areas of concern over expenditure and expand in the areas of Wages, Consultancies. CARRIED

Moved : Cr S Baines, Seconded : Cr H Blobel     That all managers supply to Council each month a report on private works undertaken or quoted in the previous month. The report to contain such information as to price quoted if applicable and invoiced amount. CARRIED