Judge tells irked inventors how the ball bounces
Both firms helped tourism get on a roll, writes
THE CREATORS of Zorb have been roundly told off in court after setting up a rival company and slandering the original big ball corporates.
Ogo, or outdoor gravity orb, was established in 2009 by Zorb coinventor Andrew Akers and his brother David, as a direct competitor to the original company.
Both Zorb and Ogo helped New Zealand’s tourist industry get on a roll, thanks to letting thrill-seekers bounce, slide and hurtle downhill inside their giant, transparent plastic orbs.
Andrew and David Akers were bought out of the business for more than $450,000 in 2007 after they tried to gain control of it from co-founder Craig Horrocks.
In 2010, Ogo on its website published a ‘‘history’’ about Zorb, which court documents found to contain ‘‘malicious falsehoods’’ about the company and those connected to it.
The page painted Zorb’s remaining management as ‘‘fat cat corporate dudes’’ who imposed a ‘‘new regime’’ that ultimately led to ‘‘inventors and the people who actually do the work’’ being forced out.
The companies have since been locked in a legal battle, which concluded on Monday at the Auckland High Court.
Justice Simon Moore said the defendants – those involved with Ogo – had filed a statement of defence, but did not comply with the timetabling orders.
He wrote in the decision that ‘‘it was plain they no longer wanted to defend the claim’’.
Instead, the claim was settled out of court via an email on behalf of Ogo, saying the statements at the centre of the dispute were untrue and would not be republished.
Moore found the statements were indeed falsehoods made with malicious intent.
Akers had claimed achievements on the website which were not his own but the company’s at the time.
‘‘The defendants, through their previous connection with Zorb, knew or must have know that the so-called ‘history’ was not that of Ogo’s but rather was Zorb’s,’’ Moore said.
Costs were awarded in favour of the plaintiffs.