Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Optus Networks Ltd v Telstra Corporation Ltd (No. 3) [2009] FCA 728
EQUITY – duty of confidentiality – 'confidential information' defined in agreement between the parties – equitable intervention is not necessary where alleged conduct is common to both the finding of breach of contract and the ground relied upon for equitable intervention. TRADE PRACTICES – unconscionable conduct as defined by s 51AA of Trade Practices Act 1974 (Cth) – 'unconscionable conduct' includes conduct in respect of which a judge in equity would have been prepared to grant relief – the access agreement between the parties did not result from the knowing exploitation of any special disadvantage – impugned conduct did not prevent applicant from exercising a legal right in a way that involves unconscionable departure from a representation relied upon by applicant to its detriment – otherwise not unconscionable conduct. Trade Practices Act 1974 (Cth) s 51AA ACCC v Samton Holdings Pty Ltd & Ors (2002) 117 FCR 301 considered Moorgate Tobacco Co Ltd v Philip Morris Ltd (No. 2) (1984) 156 CLR 414referred to Meagher R, Heydon D, Leeming M, Equity, Doctrine and Remedies (4th ed., Butterworths, 2002)
OPTUS NETWORKS PTY LIMITED v TELSTRA CORPORATION LIMITED
NSD 1087 of 1997
EDMONDS J
10 JULY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1087 of 1997
BETWEEN: OPTUS NETWORKS PTY LIMITED
Applicant
AND: TELSTRA CORPORATION LIMITED
Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 10 JULY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The parties bring in short minutes of order to give effect to the reasons published on 30 April 2009 and today; including directions as to a timetable of the steps to be taken by each party to prepare the second phase of the proceeding for hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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