Aussie Broadband Limited v Superloop Limited [2024] FCA 312

FEDERAL COURT OF AUSTRALIA

Aussie Broadband Limited v Superloop Limited [2024] FCA 312 File number(s): VID 217 of 2024

Judgment of: O'CALLAGHAN J

Date of judgment: 28 March 2024

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – whether applicant had established prima facie case that respondent had acted for a purpose foreign to the powers contained in its constitution by issuing a notice requiring the applicant to dispose of certain shares in the respondent – whether applicant had established prima facie case that respondent's conduct of the affairs of the company was oppressive for the same reason – whether the balance of convenience favoured an injunction – whether damages an adequate remedy – where it was common ground that the applicant's acquisition of shares was in breach of respondent's constitution and applicable foreign law – application for injunctive relief dismissed

Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182, 232, 232(e), 1324(4) Federal Court of Australia Act 1976 (Cth) s 23 Telecommunications Act 1999 (Singapore) ss 10(1), 10(2), 38(5) Code of Practice for Competition in the Provision of Telecommunication Services 2022 (Singapore) ss 10.1.2, 10.1.2(ff), 10.3.1.1, 10.3.5.2, 10.11, 12.6.4, 12.6.4.4, 12.6.4.5

Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) (2008) 39 WAR 1 Castlemaine Tooheys Limited v South Australia (1986) 161 CLR 148 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238 StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCAFC 200 Whitehouse v Carlton Hotel Proprietary Limited (1987) 162 CLR 285