FEDERAL COURT OF AUSTRALIA
Mobileworld Operating Pty Ltd v Telstra Corporation Limited [2006] FCA 743
CORRIGENDUM
MOBILEWORLD OPERATING PTY LTD (ACN 090 451 433) v TELSTRA CORPORATION LIMITED (ACN 051 775 556), DAVID KENNETH HUNTER MOFFATT and EDWARD NOEL PRETTY
VID 620 of 2004
KENNY J
15 JUNE 2006 (CORRIGENDUM 19 JUNE 2006)
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 620 OF 2004 |
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BETWEEN: |
MOBILEWORLD OPERATING PTY LTD (ACN 090 451 433) APPLICANT
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AND: |
TELSTRA CORPORATION LIMITED (ACN 051 775 556) FIRST RESPONDENT
DAVID KENNETH HUNTER MOFFATT SECOND RESPONDENT
EDWARD NOEL PRETTY THIRD RESPONDENT
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JUDGE: |
KENNY J |
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DATE OF ORDER: |
15 JUNE 2006 (CORRIGENDUM 19 JUNE 2006) |
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WHERE MADE: |
MELBOURNE |
THE COURT ORDERS THAT:
CORRIGENDUM
1. The first sentence of paragraph [3] be amended to read: “In paragraph 20 of the statement of claim, the applicant (referred to hereafter as “MWO”) alleged that Telstra made a representation to the effect that, provided MWO achieved certain conditions, Telstra would not enforce a part of the 2003 agreement that required MWO to refund to Telstra any amount that it received from Telstra exceeding a certain percentage of Net Billings (hereafter referred to as “the cap”).”
2. The seventh sentence of paragraph [7] be amended to read: “Telstra submitted that, for the reasons already stated, entry into the 2003 agreement with the percentage cap did not of itself establish relevant detriment.”
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I certify that the preceding two (2) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Kenny. |
Associate:
Dated: 19 June 2006
