High Court Order in Nazerali Vs Byrne.

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Court of Appeal File No: CA 43682 COURT OF APPEAL BETWEEN: ALTAF NAZERALI Respondent CPlaintitt) MARK MITCHELL, PATRICK BYRNE, DEEP CAPTURE LLC, Appellants (Defendants) HIGH PLAINS INVESTMENTS LLC., GODADDY.COM, INC., NOZONE, INC,, dba STEADFAST NETWORKS, GOOGLE INC. and GOOGLE CANADA CORPORATION (Defendants) ORDER OF A JUSTICE BEFORE THE HONOURABLE MADAM JUSTICE FENLON, J.A., IN CHAMBERS. ‘Vancouver, British Columbia, November 21, 2016. THE APPLICATION OF the respondent filed November 2, 2016, coming on for hearing November 21, 2016 at Vancouver, British Columbia; AND ON HEARING Daniel W. Burnett, QC. for the respondent, Altaf Nazerali, and Alan McConchie for the appellants, Mark Mitchell, Patrick Byme and Deep Capture LLC; AND ON READING the materials filed herein; AND ON JUDGMENT BEING PRONOUNCED ON THIS DATE; IT IS ORDERED that: 1. The appellants shall post security (“Trial Judgement Security”) for the judgment below in the amount of $1,235,710.67 by posting an irrevocable letter of credit; 2. The letter of credit shall be posted within 90 days of the date of this order, liberty for the appellants to apply for an extension of time to post the Trial Judgement Security; 3. If the Trial Judgement Security is not posted within the time ordered by this Court, the respondent is granted liberty to apply to have the appeal dismissed as abandoned; 4. The appellants are further required to post security for the costs of this appeal (the “Appeal Costs Security") in the amount of $13,070.98, which may be posted by adding that amount to the letter of credit, on the same terms as the Trial Judgement Security set forth above in paragraphs 1 through 3 above; and 5. The appeal is stayed until the Trial Judgement Security and Appeal Costs Security is posted. ENTERED DEC 06 2016 APPROVED AS TO FORM: Daniel W, Bumett, Q.C. Counsel for the Respondent, Altaf Nazerali ‘Alan®tcCafpife Counsel for the Appellants, Mark Mitchell, Patrick Byme, Deep Capture LLC COURT OF APPEAL NO. CA43682 IN THE SUPREME COURT OF BRITISH COLUMBIA VANCOUVER — BETWEEN: NOV 28 2016 ALTAF NAZERALI COURT OF APPEAL RESPONDENT/PLAINTIFF REGISTRY anp: MARK MITCHELL, PATRICK BYRNE and DEEP CAPTURE LLC APPELLANTS/DEFENDANTS, AND: HIGH PLAINS INVESTMENTS LLC, GoDADDY.COM, INC., NOZONE, INC. dba STEADFAST NETWORKS, GOOGLE, INC. and. GOOGLE CANADA CORPORATION DEFENDANTS. ORDER OF A JUSTICE OWEN BIRD LAW CORPORATION >» ‘Zo, 93/0 ~JS P.O. Box 49130 23r00. ‘Three Bentall Centre - 2900 - 595 Burrard Street Vancouver, British Columbia Dye & VIX 1S Durham Attention: Daniel W. Burnett, Q.C.

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