Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2010] FCA 121 Citation: Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2010] FCA 121
Parties: PIVOTEL SATELLITE PTY LIMITED ACN 099 917 398 v OPTUS MOBILE PTY LIMITED ACN 054 365 696 and OPTUS NETWORKS PTY LIMITED ACN 008 570 330
File number(s): NSD 1468 of 2009
Judge: JAGOT J
Date of judgment: 23 February 2010
Corrigendum: 3 June 2011
Catchwords: PRACTICE AND PROCEDURE – application to vary interlocutory injunction – whether there has been a material change in circumstances since order made – whether there is new material or evidence available which was not available at the time of the original order – whether there are exceptional circumstances which warrant reconsideration of the matter – whether as a matter of discretion, the matter should be reconsidered.
Legislation: Telecommunications Act 1997 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 2) (2009) 255 ALR 466; [2009] FCA 413 Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2009] FCA 1601
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 50
Counsel for the Applicant: Mr F Kunc SC and Mr C Bora
Solicitor for the Applicant: Marque Lawyers
Counsel for the Respondents: Mr C.A Moore and Mr J.A.C Potts
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