Primus Telecommunications (Aust) Pty Ltd v Telstra Corp Ltd [2000] FCA 591

Primus Telecommunications (Aust) Pty Ltd v Telstra Corp Ltd [2000] FCA 591

Immediate relief is refused due to delay by the applicant in seeking the injunction after becoming aware of Telstra's intention not to renew the agreement; any losses are capable of quantification in damages.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 May 2000
Procedural Posture
Application for Interlocutory Injunction / Adjournment Prior to Hearing of Interlocutory Application
Outcome
Application for immediate interlocutory relief refused; matter adjourned; procedural directions given; costs reserved.
Legal Topics
['termination of Contract' 'interlocutory Relief' 'business Relationships']
['contract Law' 'injunctions'] ['termination of Contract' 'interlocutory Relief' 'business Relationships']

Source-derived case record

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Procedural Posture

Application for Interlocutory Injunction / Adjournment Prior to Hearing of Interlocutory Application

Legal Issues

  1. 1 ['Whether there is a serious issue to be tried for interlocutory injunction' 'Whether delay by applicant justifies refusing immediate relief' 'Whether interim relief should be granted restraining respondent from communicating with customers']

Ratio Decidendi

Immediate relief is refused due to delay by the applicant in seeking the injunction after becoming aware of Telstra's intention not to renew the agreement; any losses are capable of quantification in damages.

Court Disposition

Application for immediate interlocutory relief refused; matter adjourned; procedural directions given; costs reserved.

Orders

  • ['The application for an interlocutory injunction is adjourned to 16 May 2000.' 'The applicant file and serve a statement of claim by 8 May 2000.' 'The respondent file and serve any affidavits by close of business on 11 May 2000.' 'The applicant file and serve any affidavits by 2.00 pm on 15 May 2000.' 'Both parties...