Step by step

19 May OzThongs registered as a business. Mark Robert Ross Neal is the only shareholder and director.

12 July OzThongs opens website and starts trading.

21 July OzThongs enters into first group buying contract with LivingSocial.

1 Aug Deal to buy two pairs of Havaianas for $24 goes live and 13,417 vouchers are sold.

23 Aug OzThongs enters into second group buying contract with Living Social.

25 Aug LivingSocial email. The first deal is being processed. “Another deal is happening soon so tell your friends and be part of another awesome LivingSocial experience.”

27 Aug Deal to buy two pairs of Havaianas for $26 goes live and 35,816 vouchers are sold. In between – most thongs are not dispatched and many customers vent their frustration on social media.

25 Oct LivingSocial email. The deal is off. Customers can elect to be refunded or have LivingSocial source Havaianas to fulfil the order.

25 Oct LivingSocial requests an injunction against Neal and OzThongs.

27 Oct Injunction granted. The order states that OzThongs cannot contact LivingSocial customers or the media, nor portray that LivingSocial acted dishonestly.

27 Oct OzThongs Facebook update. “We will be emailing all OzThongs customers soon with an update. thank you again.”

27 Oct Facebook user reply. “Your definition of the word ‘soon’ does not inspire any confidence at all in getting emails within the next 12 weeks or so!”

28 Oct OzThongs email. Vouchers are no longer valid. The company was “not prepared for the incredible amount of customer enquiries” but more stock is available and customers can get a 50 per cent discount direct from the website. “OzThongs has never had a supply issue with Havaianas.”

1 Nov LivingSocial email. “Regarding OzThongs, you may have been contacted by them recently.

“Despite being paid for your order, OzThongs has failed to deliver and we have no confidence in their ability to deliver in the future . . . Please use extreme caution in any dealings with them.”

9 Dec Matter listed for a directions hearing in the Supreme Court of NSW.

BRW

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