Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capital Networks Pty Ltd v .au Domain Administration Limited [2004] FCAFC 324
CONTRACT – standard form agreement between the administrator of the .au domain space on the Internet and companies (known as "registrars") accredited by it to process domain name registrations – construction of the phrase "registrar's business" in that agreement – reasonableness of administrator's request for information CAPITAL NETWORKS PTY LTD v .AU DOMAIN ADMINISTRATION LIMITED ACD 19 of 2004 WHITLAM, FINN & CONTI JJ SYDNEY (HEARD AT CANBERRA) 9 DECEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY ACD 19 of 2004
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CAPITAL NETWORKS PTY LTD
APPELLANT
AND: .AU DOMAIN ADMINISTRATION LIMITED
RESPONDENT
JUDGES: WHITLAM, FINN and CONTI JJ
DATE OF ORDER: 9 DECEMBER 2004
WHERE MADE: SYDNEY (HEARD AT CANBERRA)
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY ACD 19 of 2004
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CAPITAL NETWORKS PTY LTD
APPELLANT
AND: .AU DOMAIN ADMINISTRATION LIMITED
RESPONDENT
JUDGES: WHITLAM, FINN and CONTI JJ
DATE: 9 DECEMBER 2004
PLACE: SYDNEY (HEARD AT CANBERRA)
REASONS FOR JUDGMENT
THE COURT
Introduction 1 The appellant, Capital Networks Pty Ltd ('Capnet'), is accredited by the respondent, .au Domain Administration Limited ('auDA'), to provide certain registration services in respect of Internet domain names. Earlier this year, when auDA threatened to suspend Capnet's accreditation, Capnet sued auDA for an injunction to restrain its suspension, alleging an apprehended breach of contract and contraventions of the Trade Practices Act 1974 ('the Act'). Bennett J dismissed that proceeding. This is an appeal from that judgment.
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