Telstra Corporation Limited v NBN Co Limited [2014] NSWSC 940

Supreme Court New South Wales

Medium Neutral Citation: Telstra Corporation Limited v NBN Co Limited [2014] NSWSC 940 Hearing dates: 01/07/2014, 02/07/2014, 03/07/2014 and 04/07/2014 Decision date: 17 July 2014 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff entitled to substance of relief sought. Parties to bring in draft orders. Catchwords: CONTRACTS - construction and interpretation - commercial contract - giving proper and plain meaning to words used in the contract - whether transition from one contract to another involved imposition of a new and different contractual regime or a supplementation of the existing regime - whether adjustments made to prices in the interim term cease to have effect when the interim term ended and the agreement term commenced.

PRACTICE AND PROCEDURE - Judgments and orders - Application for Suppression Order - whether suppression order should be granted in relation to confidential information - where significant risk of public detriment if information were not suppressed - whether suppression orders should be made on balance Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: Mainteck Services Pty Ltd v Stein Heurtey SA [2014] NSWCA 184 Electricity Generation Corporation v Woodside Energy Ltd (2014) 306 ALR 25 Category: Principal judgment Parties: Telstra Corporation Limited (Plaintiff) NBN Co Limited (Defendant) Representation: Counsel: IGA Archibald QC / A Shearer (Plaintiff) AJ Sullivan QC / J Hutton (Defendant) Solicitors: King & Wood Mallesons (Plaintiff) Ashurst Australia (Defendant) File Number(s): 2013/326323