Australian Postal Corporation v Streetfile Pty Ltd [1996] FCA 964

CATCHWORDS AUSTRALIAN POSTAL COMMUNICATIONS ACT - services reserved to Australian Postal Corporation - exceptions to reserved services - whether items delivered fall within exception to reserved services REMEDIES - damages - calculation of damages - level of damages referable to foregone revenue - whether assessment to allow for costs of delivery REMEDIES - injunction - whether injunction should be granted - whether intention to continue contraventions ICI v Trade Practices Commission (1992) 38 FCR 248 Australian Postal Corporation Act 1989 (Cth) AUSTRALIAN POSTAL CORPORATION v STREETFILE PTY LTD NO. VG 130/95 NORTHROP J MELBOURNE 6 NOVEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 130 of 1995 GENERAL DIVISION B E T W E E N : AUSTRALIAN POSTAL CORPORATION Applicant A N D : STREETFILE PTY LTD Respondent COURT: NORTHROP J PLACE: MELBOURNE DATE: 6 NOVEMBER 1996 MINUTES OF ORDER THE COURT ORDERS THAT

1. That there be judgment for the applicant in the sum of $2,691.83 of which the sum of $486.50 is interest under s 51A of the Federal Court of Australia Act 1976. 2. Otherwise the application is dismissed. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 130 of 1995 GENERAL DIVISION B E T W E E N : AUSTRALIAN POSTAL CORPORATION Applicant

A N D :

STREETFILE PTY LTD Respondent COURT: NORTHROP J PLACE: MELBOURNE DATE: 6 NOVEMBER 1996 REASONS FOR JUDGMENT Australian Postal Corporation ("Australia Post"), as applicant, is seeking a number of orders against Streetfile Pty Ltd ("Streetfile") as respondent. The relevant orders being sought, as set out in the application and deriving from the Australian Postal Corporation Act 1989 (the "Act"), are: "2. An injunction to restrain the Respondent by itself, its officers, servants or agents, or howsoever otherwise, from delivering, or causing to be delivered, letters within Australia in contravention of Section 29 of the Act. 3. Damages or at the Applicant's election an account of profits pursuant to Section 31(2) of the Australian Postal Corporation Act 1989. 4. Interest pursuant to Statute."