People Telecom Limited v Phatchat Pty Limited [2008] FCA 405

FEDERAL COURT OF AUSTRALIA

People Telecom Limited v Phatchat Pty Limited [2008] FCA 405

Trade Practices Act 1974 (Cth), Pt IV, ss 4D, 45, 46 People Telecom Limited v Phatchat Pty Limited [2007] FCA 536 related PEOPLE TELECOM LIMITED (ACN 091 714 699) v PHATCHAT PTY LIMITED (ACN 100 266 000), BODRUM PTY LIMITED (ACN 070 141 945) and PETER JAMES KELLY PHATCHAT PTY LIMITED (ACN 100 266 000) and PETER JAMES KELLY v PEOPLE TELECOM LIMITED (ACN 091 714 699) and SINGTEL OPTUS PTY LIMITED (ACN 052 833 208) BODRUM PTY LIMITED (ACN 070 141 945) and PETER JAMES KELLY v PEOPLE TELECOM LIMITED (ACN 091 714 699) and SINGTEL OPTUS PTY LIMITED (ACN 052 833 208)

NSD 2044 of 2006

GYLES J

1 april 2008

CANBERRA (VIA VIDEO LINK TO SYDNEY) (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2044 of 2006

BETWEEN: PEOPLE TELECOM LIMITED (ACN 091 714 699)

Applicant

AND: PHATCHAT PTY LIMITED (ACN 100 266 000)

First Respondent

BODRUM PTY LIMITED (ACN 070 141 945)

Second Respondent

PETER JAMES KELLY

Third Respondent

PHATCHAT PTY LIMITED (ACN 100 266 000)

First Cross-Claimant on the First Cross-Claim

BODRUM PTY LIMITED (ACN 070 141 945)

First Cross-Claimant on the Second Cross-Claim

PETER JAMES KELLY

Second Cross-Claimant on the First and Second Cross-Claims

PEOPLE TELECOM LIMITED (ACN 091 714 699)

First Cross-Respondent

SINGTEL OPTUS PTY LIMITED (ACN 052 833 208)

Second Cross-Respondent

JUDGE: GYLES J

DATE OF ORDER: 27 MARCH 2008

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. The first cross-claimants on the first and second cross-claims are to provide security for the costs of the second cross-respondent in the further sum of $75,000 on or before 10 April 2008 (taking the total amount of security to $105,000), failing which the cross-claims as against the second cross-respondent will be stayed unless and until the security is provided. 2. The security referred to in paragraph 1 is to be provided by way of bank guarantees from a listed Australian Bank in favour of the second cross-respondent in terms that it may be called upon by the second cross-respondent to the extent that the first cross-claimants (or any of them) are ordered to pay the second cross-respondent's costs in these proceedings and the amount of such costs are taxed or agreed, or ordered by the Court, as the case may be, for the purpose of satisfying any costs orders made in favour of the second cross-respondent. 3. The first cross-respondent to file its defences to the second further amended cross-claims within 14 days. 4. The first and second cross-respondents to file their evidence on the cross-claims by 18 June 2008. 5. The cross-claimants to file their evidence in reply on the cross-claims by 30 July 2008. 6. The matter be listed for further directions on 12 August 2008.