Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singtel Optus Pty Limited v Vodafone Pty Limited [2010] FCA 1448 Citation: Singtel Optus Pty Limited v Vodafone Pty Limited [2010] FCA 1448
Parties: SINGTEL OPTUS PTY LIMITED (ACN 052 833 208) v VODAFONE PTY LIMITED (ACN 062 954 554)
File number: NSD 1733 of 2010
Judge: NICHOLAS J
Date of judgment: 21 December 2010
Catchwords: TRADE PRACTICES – application for interlocutory injunction restraining broadcast of two television commercials advertising mobile phone plan – application dismissed
Legislation: Trade Practices Act 1974 (Cth) ss 52, 82
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Australian Competition and Consumer Commission v Boost Tel Pty Limited [2010] FCA 701 cited
Date of hearing: 17 December 2010
Date of last submissions: 20 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr S Burley SC and Mr HPT Bevan
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondent: Mr R Lancaster SC and Mr C Bova
Solicitor for the Respondent: Allens Arthur Robinson
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1733 of 2010
BETWEEN: SINGTEL OPTUS PTY LIMITED
(ACN 052 833 208)
Applicant
AND: VODAFONE PTY LIMITED
(ACN 062 954 554)
Respondent
JUDGE: NICHOLAS J DATE OF ORDER: 21 DECEMBER 2010 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for interlocutory relief is dismissed. 2. Any party that wishes to contend for a costs order other than that the costs of the interlocutory application be the respondent's costs in the proceeding is to file and serve a written submission, limited to 3 pages in length, by 4.00pm, 1 February 2011. 3. Any submission in reply, limited to 3 pages in length, is to be filed and served by 4.00pm, 4 February 2011. 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.
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