Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2010] FCA 1226

Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2010] FCA 1226

The applicants' amended application and statement of claim now sufficiently plead material facts and address previous deficiencies, adequately putting the respondents on notice of the case they must meet while objections raised by the respondents either concern premature determinations or are resolved in the pleading; therefore, leave to amend is granted.

Parties
First Applicant: Pivotel Satellite Pty Limited; Second Applicant: Pivotel Group Pty Limited; Third Applicant: Pivotel Communications Pty Limited; First Respondent: Optus Mobile Pty Limited; Second Respondent: Optus Networks Pty Limited
Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Motion / Leave to Amend Application and Statement of Claim
Outcome
Leave to amend application and statement of claim granted.
Legal Topics
Pleading Sufficiency, Leave to Amend, Trade Practices Act 1974 (cth), Market Definition, Misleading and Deceptive Conduct
Practice and Procedure Competition Law Pleading Sufficiency Leave to Amend Trade Practices Act 1974 (cth) Market Definition Misleading and Deceptive Conduct

Case Brief

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Parties

Pivotel Satellite Pty Limited

First Applicant

Pivotel Group Pty Limited

Second Applicant

Pivotel Communications Pty Limited

Third Applicant

Optus Mobile Pty Limited

First Respondent

Optus Networks Pty Limited

Second Respondent

Procedural Posture

Motion / Leave to Amend Application and Statement of Claim

Legal Issues

  1. 1 Whether leave should be granted to amend application and statement of claim
  2. 2 Sufficiency of pleadings under Trade Practices Act 1974 (Cth)
  3. 3 Adequacy of identification of relevant markets and services

Ratio Decidendi

The applicants' amended application and statement of claim now sufficiently plead material facts and address previous deficiencies, adequately putting the respondents on notice of the case they must meet while objections raised by the respondents either concern premature determinations or are resolved in the pleading; therefore, leave to amend is granted.

Court Disposition

Leave to amend application and statement of claim granted.

Orders

  • The applicants be granted leave to amend their application and statement of claim in accordance with the forms annexed to their notice of motion filed on 12 October 2010.