Yeah the dispute is open, he actually apologised after he saw I opened a dispute with links to the photo, he said he thought it "looked to be in new condition".. hilarious he has no idea of the history of the motherboards he sells and if it "looks new" then he lists it as being "brand new".. 

He agreed to do refund but thanks to paypal rules I am still out the return postage, well at least I don't have to keep it, I don't trust that motherboard...

I have over 700 trades on ebay, around 500 of them purchases and I only ever have this kind of issue with Aussie sellers.. very frustrating, and they act all innocent like they had no idea when it is proven they were in the wrong..