Australia, May 4 -- New South Wales Land and Environment Court issued text of the following judgement on April 3:

1. HIS HONOUR: By Statement of Claim filed on 24 July 2024, Paul Fraser, who in the affidavit verifying the pleading, gives his address as a flat in 520 Chiswick High Road, Chiswick, London, claims £171,625 stg for, on one view of the evidence, what could be described as wages, for work done by him between 4 October 2022 and 31 December 2023. He claims that sum, converted into Australian dollars from Gorilla Rush Pty Ltd (ACN 659 612 012) registered in accordance with the Corporations Act 2001 (Cth), having its registered office at 205 Leitchs Road, Brendale, Queensland 4500 and from Samuel Oliver Johnson who is alleged to be the sole director of Gorilla Rush Pty Ltd and its secretary and, through the intervention of SJI No 2 Pty Ltd ACN 659 598 535, its sole shareholder.

2. On 20 September 2024, Gorilla Rush Pty Ltd (hereafter "Gorilla Rush") filed a defence. On 9 October 2024, Samuel Oliver Johnson (hereafter "Johnson") filed a defence. On 18 November 2024, both defendants, acting together, filed two Notices of Motion, albeit that only one Notice was required. The relief sought in the first Notice is this:

"1. Pursuant to rule 42.21(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), the Plaintiff to provide security for the First Defendant and Second Defendant's costs of the Plaintiff's claim in the following tranches:

a. $90,000 to be paid within 28 days; and

b. a further $50,000 to be paid within 42 days of the court setting the matter down for trial.

2. The security be paid by payment into Court, or such other form as may be agreed with the Registrar or between the parties.

3. Until the security ordered in paragraph 1(a) is provided, the proceedings are stayed.

4. If the security is not provided within one (1) calendar month of any dates specified in paragraph 1, the plaintiff's claim be dismissed against the First Defendant and Second Defendant pursuant to rule 42.21(3) of the UCPR.

5. The Plaintiff pay the costs of the First Defendant and Second Defendant of and incidental to this Notice of Motion.

6. The Defendants are at liberty to apply for further security if required.

7. Any further orders as the Court deems fit."

The relief sought in the second Notice is this:

"1. Pursuant to rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that the whole of the Statement of Claim affirmed on 24 July 2024 (Claim) be struck out.

2. In the alternative to order 1 above:

a. pursuant to rule 14.28 of the UCPR, that paragraphs 10, 14, 25 and 26 of the Claim by struck out; and

b. pursuant to rule 13.4 of the UCPR, that paragraphs 17, 18 and 25(a) to (c) of the Claim be dismissed.

3. The Plaintiff pay the costs of the First Defendant and Second Defendant of and incidental to this Notice of Motion.

4. Such further or other orders as the Court deems fit."

3. In an affidavit affirmed on 15 January 2025, the plaintiff described himself as a "Product Consultant (Gaming)". As I understand it he is a computer programmer specialising in online gambling products. As I understand the material before me Johnson is an entrepreneur in the field of online gambling. In evidence is an email from Johnson to the plaintiff dated 25 August 2022 concerning "Head of Gaming/Esports". It is this:

"Hi Paul,

Thanks for your email and your pitch deck; this is very interesting.

I would be interested in offering you an opportunity to both help me start this casino alongside another head of gaming and also create this esports business with a view to transitioning over to the esports business exclusively once it is self-sustainable, hence the requirement for a dual head of gaming role from the beginning.

The way I see this work is that I form a new entity (AU or offshore) for the employment of you and your team on the esports side, this may be just you at the beginning, but I would be open to employing more people from the start. I would fund the entire project, and I would be the sole director of the esports business; however, you / your team would receive 45% of the revenue; this would be contracted and not tied to shares, as this creates issues when bank accounts etc. are opened where I need to disclosure all beneficial owners.

My funding would be a debt on the balance sheet and repaid before profits are distributed.

The casino side of the deal would simply be a salaried position plus bonuses. Once you transition to the esports business, you would continue to be eligible for bonuses from the casino, although having no day-to-day involvement.

If the above is something you would like to explore further, it would be good to understand your salary expection [sic] would be for the casino and esports roles (this would be two separate employment agreements). Also, if we are bringing the team on, what would the expected salary be for those people also?

I look forward to speaking with you soon.

Regards,

Sam Johnson

Director"

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195f8c06133be6a561e22d98)

Disclaimer: Curated by HT Syndication.