Telstra Corporation Limited (ACN 051 775 556) v Cable & Wireless Optus Limited (ACN 052 833 208) FCA [2001] 1238

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited (ACN 051 775 556) v Cable & Wireless Optus Limited (ACN 052 833 208) FCA [2001] 1238

V888 of 2001

TELSTRA CORPORATION LIMITED (ACN 051 775 556) v CABLE & WIRELESS OPTUS LIMITED (ACN 052 833 208), OPTUS NETWORKS PTY LTD (ACN 008 570 330), and OPTUS MOBILE PTY LTD (ACN 054 365 696)

RYAN J MELBOURNE 4 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V888 of 2001

BETWEEN: TELSTRA CORPORATION LIMITED (ACN 051 775 556)

Applicant

AND: CABLE & WIRELESS OPTUS LIMITED (ACN 052 833 208)

First Respondent

OPTUS NETWORKS PTY LTD (ACN 008 570 330)

Second Respondent

OPTUS MOBILE PTY LTD (ACN 054 365 696)

Third Respondent

JUDGE: RYAN J

DATE OF ORDER: 4 SEPTEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS:

1. THAT UPON the applicant by its Counsel giving the usual undertaking as to damages, the respondents and each of them by their servants and agents or otherwise be restrained until the hearing and determination of this application or further order; (a) from publishing or causing to be published any advertisement to the effect that the Optus mobile telephone network has doubled or substantially increased in size over the past two years or any other period; (b) from otherwise making a representation to the effect set out in sub-paragraph (a) above; PROVIDED HOWEVER that nothing in this Order shall preclude the respondents from; (c) publishing any advertisement containing, or otherwise making, a reasonably accurate representation to the effect that the number of base stations or transponders constituting the Optus mobile telephone network has doubled or substantially increased over the last two years or any other period specified in such advertisement or representation; (d) publishing or distributing the advertisements already prepared for publication in Tennis News for September 2001, Australian Tennis Magazine for September 2001, The Broncos Magazine for September 2001 and Business Advantage for September 2001 referred to in paragraph 5(b) of the affidavit of Stuart Salier sworn 29 August 2001 and filed herein. 2. THAT the directions hearing herein be adjourned to 14 September 2001. 3. THAT liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. 4. THAT the costs of all parties of and incidental to the motion on notice dated 27 August 2001 be costs in the cause.