Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dai v Telstra Corp Ltd [2000] FCA 379
TRADE PRACTICES – unconscionable conduct – application alleging wrongful disconnection of telephone service for non-payment for calls allegedly not made and alleged systematic deception and delay in investigation of complaint – purported appeal from summary dismissal of application – whether leave required – whether jurisdiction in Federal Court – whether conduct alleged arguably unconscionable within s 51AB of the Trade Practices Act 1974 (Cth) – whether factual dispute rendering final judgment inappropriate
WORDS AND PHRASES – "unconscionable conduct" Federal Court Rules O 20 r 2(1) Telecommunications Act 1997 (Cth) s 479(2) Trade Practices Act 1974 (Cth) ss 51AB, 87(1A) Alan Roy Hancock v Visy Board Pty Ltd (unreported, 13 February 1997, R D Nicholson J) mentioned Weatherall v Satellite Receiving Systems (Australia) Pty Ltd [1999] FCA 741 applied Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Blomley v Ryan (1956) 99 CLR 362 mentioned Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 mentioned Louth v Diprose (1992) 175 CLR 621 mentioned Marks v GIO Australia Holdings Ltd (1998) 158 ALR 333 applied
DAI RONG-HUA v TELSTRA CORPORATION LIMITED N 1083 of 1999 HILL, HEEREY and HELY JJ 31 MARCH 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1083 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT
BETWEEN: DAI RONG-HUA
Appellant
AND: TELSTRA CORPORATION LIMITED (ACN 015 775 556)
Respondent
JUDGES: HILL, HEEREY and HELY JJ
DATE OF ORDER: 31 MARCH 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appellant have leave to appeal. 2. The appeal is allowed. 3. The order of 6 September 1999 is set aside and in lieu thereof it is ordered that the respondent's motion by notice dated 24 May 1999, insofar as it sought summary judgment, be dismissed. 4. Save as aforesaid the said motion be remitted to the trial judge for such orders and further directions as may be appropriate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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