Businessworld Computers Pty Ltd v Australian Telecommunications Commission, Trading as Telecom[1988] FCA 342

o . Boy NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G850 of 1988.

GENERAL DIVISION

—eTr Tw

BETWEEN: BUSINESSWORLD COMPUTERS PTY. LIMITED

Applicant

AND: AUSTRALIAN TELECOMMUNICATIONS COMMISSION trading as TELECOM

Respondent

CORAM: GUMMOW J. PLACE: SYDNEY. DATE: 6 JUNE 1988.

EX TEMPORE REASONS FOR JUDGMENT

HIS HONOUR: The applicant seeks orders indicated in the notice of motion filed in Court on 3 June 1988; in particular, the applicant seeks an order that the sum of $15,000 paid into Court by the applicant on 28 April 1988 be paid out to the applicant. On 22 April 1988, the Court gave certain

interlocutory relief after a hearing on 20 and 21 April 1988.

The applicant was successful in obtaining interlocutory relief having the effect of requiring the reconnection of certain telephone services; however, the granting of that relief was conditional upon the applicant

rat ie taking various steps including the payment into Court, o > ON, Wy an an

before 28 April - by bank cheque - of the sum of $15,0 i \ TT OTN AEE Nu. .

ra

a coe TAY

te Pern

FEDERAL COURT OF AGSTRALIA

PIPL hiviail?

The evidence concerning the state of account between the parties was summarised at pages 10 and 11 of the reasons for judgment delivered on 22 April 1988. It now appears, from subsequent dealings with the parties, that a sum of some $17,727.58 1s 1n dispute between them in respect of allegedly due and unpaid accounts. The respondent, however, seeks no increase in the amount of the undertaking. Events have also taken a further turn in that 1t is now plain that it 1s necessary for the proceedings to continue by statement of claim and, in particular, it is now clear that the applicant presses a claim for damages; it is thus apparent that the time necessary for the final disposition of the proceedings may exceed what appeared likely to be the case at the time of the