Pacific Star Communications Pty Ltd v Telstra Corporation Ltd [1997] FCA 1617

JUDGMENT No. 2.0.2.1 (222

CATCHWORDS #

INTERLOCUTORY INJUNCTION ~- injunction sought against proposed

discontinuance of telecommunications services - whether requirement of reasonableness - serious issue to be tried as

to whether contract permits discontinuance for non-payment of disputed accounts or for failure to provide security in respect of those accounts - whether security for future charges can be required - damages as an adequate remedy - security in respect of the undertaking as to damages

PACIFIC STAR COMMUNICATIONS PTY LIMITED, SunNET PTY LIMITED and ComsWEST PTY LIMITED -v- TELSTRA CORPORATION LIMITED

No. NG 498.of 1997

EINFELD J SYDNEY

14 NOVEMBER 1997

\

COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 498 of 1997 GENERAL DIVISION ) Between: PACIFIC STAR COMMUNICATIONS PTY LIMITED

First Applicant

SunNET PTY LIMITED Second Applicant

ComsWEST PTY LIMITED Third Applicant

And: TELSTRA CORPORATION LIMITED Respondent

MINUTE OF ORDERS

The Court orders that:

1.

"" .

a tay al 1997 nn neu ee

the third applicant having by its counsel undertaken to pay to the respondent or any other party adversely affected by the interlocutory injunction such compensation (if any) as the Court thinks just, in such manner as the Court directs, the respondent be restrained until further order of the Court from discontinuing the supply of telecommunications services to the third applicant

by not later than 4pm on Friday 28 November 1997 in a form satisfactory to a Registrar of the Court, the third applicant provide security for .its undertaking as to damages in an amount representing one third (to the nearest one thousand dollars upwards) of the total amount expected or likely to be owing or in dispute at the end of the contract between the third applicant and the Government of Western Australia