Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singtel Optus v Telstra [2004] FCA 859
TRADE PRACTICES – misleading and deceptive conduct – television and print advertisements – extent to which complex material may be simplified by engaging messages
Telecommunications Act 1997 (Cth) Pt 23
Trade Practices Act 1974 (Cth) ss 52 & 80
Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 applied
Duracell Australia Pty Ltd v Union Carbide Australia Ltd (1988-89) 14 IPR 293 referred to Medical Benefits Fund of Australia Ltd v Cassidy (2004) 205 ALR 402 applied National Exchange Pty Limited v Australian Securities & Investments Commission [2004]FCAFC 90 applied St Luke's Health Insurance v Medical Benefits Fund of Australia Ltd (1995) 17 ATPR 41-428 referred to
Stuart Alexander & Co (Interstate) Pty Ltd v Blenders Pty Ltd (1981) 37 ALR 161 applied
Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 applied
Telstra Corporation Ltd v Optus Communications Pty Ltd (1996) 36 IPR 515 referred to Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1 applied
Trade Practices Commission v Optus Communications Pty Ltd (1996) 64 FCR 326 referred to
SINGTEL OPTUS PTY LIMITED ABN 90 052 833 208 v TELSTRA CORPORATION LIMITED ACN 051 775 556 N877 of 2004 JACOBSON J 6 JULY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 877 of 2004
BETWEEN: SINGTEL OPTUS PTY LIMITED
ABN 90 052 833 208
APPLICANT
AND: TELSTRA CORPORATION LIMITED
ACN 051 775 556
RESPONDENT
JUDGE: JACOBSON J
DATE OF ORDER: 6 JULY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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