SingTel Optus Pty Ltd v Telstra Corporation Ltd (No. 1) [2006] FCA 1752

FEDERAL COURT OF AUSTRALIA

SingTel Optus Pty Ltd v Telstra Corporation Ltd (No. 1) [2006] FCA 1752 Blomley v Ryan (1956) 99 CLR 362 referred to Commonwealth Bank of Australia Ltd v Amadio (1983) 151 CLR 447referred to Crest Homes Plc v Marks (1987) 1 AC 829 cited Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 applied SINGTEL OPTUS PTY LIMITED AND OPTUS NETWORKS PTY LIMITED v TELSTRA CORPORATION LIMITED NSD 1087 OF 1997

EDMONDS J

15 DECEMBER 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1087 OF 1997

BETWEEN: SINGTEL OPTUS PTY LIMITED

First Applicant

OPTUS NETWORKS PTY LIMITED

Second Applicant

AND: TELSTRA CORPORATION LIMITED

Respondent

JUDGE: EDMONDS J DATE OF ORDER: 15 DECEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the applicants to file in Court an amended notice of motion moving the Court for a further, or alternative, order that leave be granted to the applicants for the use of pars 86 – 93 and 166 – 177 of, and attachments 'SL8-C' and 'SL26-C' to the Lee Outline (as referred to in orders made by this Court on 26 July 1996 in Proceedings No. 731 of 1995). 2. Leave be granted to the applicants to file and serve a Second Further Amended Application and Third Consolidated Amended Statement of Claim substantially in the form of the documents reproduced at pages 15 – 148 of Exhibit BEH-2 to the Affidavit of Bruce Eric Hambrett sworn 8 May 2006. 3. Leave be granted to the applicants for the use of pars 86 – 93 and 166 – 177 of, and attachments 'SL8-C' and 'SL26-C' to the Lee Outline (as referred to in orders made by this Court on 26 July 1996 in Proceedings No. 731 of 1995). 4. The respondent's costs thrown away by the amendment be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.