Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v SingTel Optus Pty Ltd [2007] FCA 824
TRADE PRACTICES – misleading or deceptive conduct – comparative advertising – mobile telephone plans – whether advertisements should be prevented by interlocutory injunction – whether serious question to be tried – whether advertisements misleading or deceptive – comparison between plans with different monthly prices and different features – competitors had more directly comparable plans – whether obligation to compare like with like – balance of convenience – applicant's potential damages calculable – damages not calculable if respondents required to enforce undertaking as to damages – principle of freedom of speech – difficulties of framing injunction Trade Practices Act 1974 (Cth)
Gillette Australia Pty Ltd v Energizer Australia Pty Ltd [2002] FCAFC 223 (2002) 193 ALR 629 followed TELSTRA CORPORATION LIMITED (ACN 051 775 556) v SINGTEL OPTUS PTY LTD (ACN 052 833 208), OPTUS NETWORKS PTY LTD (ACN 008 570 330) AND OPTUS MOBILE PTY LTD (ACN 054 365 696) VID 388 OF 2007
GRAY J
15 MAY 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 388 OF 2007
BETWEEN: TELSTRA CORPORATION LIMITED (ACN 051 775 556)
Applicant
AND: SINGTEL OPTUS PTY LTD (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: GRAY J
DATE OF ORDER: 15 MAY 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for an interlocutory injunction be dismissed. 2. The applicant pay the respondents' costs of the application for interlocutory relief, including the costs reserved in the order of Jessup J made on 11 May 2007. 3. The proceeding be placed in the docket of a judge and be listed for directions on a date to be fixed by the docket judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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