Vodafone Pty Limited vHutchison Telecommunications (Australia) Limited [2001] FCA 1155

FEDERAL COURT OF AUSTRALIA

Vodafone Pty Limited v Hutchison Telecommunications (Australia) Limited [2001] FCA 1155

VODAFONE PTY LIMITED (ABN 76 062 954 554) v HUTCHISON TELECOMMUNICATIONS (AUSTRALIA) LIMITED(ACN 003 677 227) N 1208 of 2001

ALLSOP J 17 AUGUST 20001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1208 of 2001

BETWEEN: VODAFONE PTY LIMITED (ABN 76 062 954 554)

APPLICANT

AND: HUTCHISON TELECOMMUNICATIONS (AUSTRALIA) LIMITED (ACN 003 677 227)

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 17 AUGUST 2001

WHERE MADE: SYDNEY

UPON THE APPLICANT BY ITS COUNSEL GIVING THE USUAL UNDERTAKING AS TO DAMAGES AS SET OUT IN PRACTICE NOTE 3

THE COURT ORDERS THAT: With the exception of the instances of publication specified on page 1 of Exhibit TACC-13A: 1. Until further order the respondent whether by its servants or agents or otherwise be restrained, in trade or commerce, from publishing or causing to be published an advertisement with the working of any of the advertisements that are: a) pages 7 and 8 of exhibit MJW – 2 to the affidavit of Mr Williams of 16 August 2001; and b) pages 2 – 5 of exhibit TACC – 13A to the affidavit of Mr Czinner of 17 August 2001. 2. Until 12.00 am first occurring after the roaming surcharge ceases to apply, the respondent whether by its servants or agents or otherwise be restrained, in trade or commerce, from publishing press advertisements or causing to be published in press advertisements representations to the effect that the cost for each 30 second period of calls made from an Orange mobile phone connected to the JustGo plan is 18c without qualifying that representation in a manner consistent with the Court's reasons given today by a reference to the roaming surcharge. 3. Until further order the respondent whether by its servants or agents or otherwise be restrained, in trade or commerce, from publishing or causing to be representations published in press advertisements to the effect that a mobile phone customer subscribing to a network other than the network operated by Orange can retain their current mobile telephone number if they switch to the Orange JustGo plan without disclosing in a manner consistent with the Court's reasons given today that the customer may incur additional costs. 4. Costs reserved. 5. Stand the matter over for final hearing on 27 August 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.