Optus Networks Pty Limited v Telstra Corporation Limited [2002] FCA 267

FEDERAL COURT OF AUSTRALIA

Optus Networks Pty Limited v Telstra Corporation Limited [2002] FCA 267 COSTS – Where the applicant only succeeded on the basis of one of several causes of action pleaded . Trade Practices Commission v Commodore Business Machines Pty Ltd [1989] FCA 406 referred to. Commodore Business Machines Pty Ltd v Trade Practices Commission (1990) 92 ALR 563 referred to Ruddock v Vadarlis [2001] FCA 1865 referred to Byrnes v Jokona Pty Ltd [2002] FCA 121 referred to Cretazzo v Lombardi (1975) 13 SASR 4 referred to

OPTUS NETWORKS PTY lIMITED (acn 008 570 330) & optus mobile Pty ltd (acn 054 365 696) v TELSTRA CORPORATION LIMITED (acn 051 775 556) N 269 of 2001 MOORE J 19 MARCH 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 269 OF 2001

BETWEEN: OPTUS NETWORKS PTY LIMITED

(ACN 008 570 330)

FIRST APPLICANT

OPTUS MOBILE PTY LTD

(ACN 054 365 696)

SECOND APPLICANT

AND: TELSTRA CORPORATION LIMITED

(ACN 051 775 556)

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 19 MARCH 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondent pay the applicants' costs of the proceedings to date. 2. Orders 1 and 2 made on 28 February 2002 be varied by deleting the words "Subject to further order,". 3. Order 2 above take effect on 26 March 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 269 OF 2001

BETWEEN: OPTUS NETWORKS PTY LIMITED

(ACN 008 570 330)

FIRST APPLICANT

OPTUS MOBILE PTY LTD

(ACN 054 365 696)

SECOND APPLICANT

AND: TELSTRA CORPORATION LIMITED