Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 2) [2010] FCA 1200 Citation: Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 2) [2010] FCA 1200
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SINGTEL OPTUS PTY LTD
File number(s): NSD 1157 of 2010
Judge: PERRAM J
Date of judgment: 2 November 2010
Legislation: Trade Practices Act 1974 (Cth) ss 51AB, 51AC, 53C, 58, 80, 87
Cases cited: Australian Competition and Consumer Commission v Singtel Optus Pty Ltd [2010] FCA 1177 cited
Date of hearing: 2 November 2010
Date of last submissions: 2 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 8
Counsel for the Applicant: Mr N Williams SC
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr M Darke with Ms D Bampton
Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1157 of 2010
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: SINGTEL OPTUS PTY LTD
Respondent
JUDGE: PERRAM J
DATE OF ORDER: 2 NOVEMBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent, for a period of three years from the date of these orders, whether by itself, its servants or agents or otherwise howsoever, be restrained from advertising broadband internet plans under which: 1.1 for a specified monthly sum, the customer is supplied with a monthly data allowance which is divided between peak and off-peak periods; and 1.2 if the customer exceeds the monthly data allowance for the peak period the speed of the internet service will be limited for both the peak and off-peak periods for the remainder of that month without clearly and prominently disclosing in the advertisements for those plans the facts set out in paragraph 1.2 above. 2. The respondent pay the applicant's costs to date. 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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