Telecom Vanuatu Ltd v Optus Networks Pty Ltd (No. 3) [2009] NSWSC 401

Telecom Vanuatu Ltd v Optus Networks Pty Ltd (No. 3) [2009] NSWSC 401

Plaintiff entitled to recover a debt for unpaid rogue traffic minutes measured by defendant, not limited to declared minutes; no implied term requiring calculation by declared mins; entitlement established by evidence and contract compromise outside industry practice. Judgment for US$108,861.50 with interest at prevailing US rates from 1 October 2002.

Parties
Plaintiff: Telecom Vanuatu Ltd; Defendant: Optus Networks Pty Ltd
Jurisdiction
Australia
Judgment Date
18 May 2009
Procedural Posture
Commercial List (equity Division) / Post Trial Judgment on Written Submissions
Outcome
Judgment entered for plaintiff with interest to be calculated at US rates from 1 October 2002; parties to file orders and address costs via submission or agreement.
Legal Topics
Debt Recovery, Assessment of Damages, Interest on Judgment Debts
Contract Law Commercial Law Debt Recovery Assessment of Damages Interest on Judgment Debts

Case Brief

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Parties

Telecom Vanuatu Ltd

Plaintiff

Optus Networks Pty Ltd

Defendant

Procedural Posture

Commercial List (equity Division) / Post Trial Judgment on Written Submissions

Legal Issues

  1. 1 Whether plaintiff is entitled to payment for unauthorised 'rogue traffic' at agreed rate
  2. 2 Whether claim is for debt or damages
  3. 3 Whether an implied term required calculation of minutes on declared, not measured, basis

Ratio Decidendi

Plaintiff entitled to recover a debt for unpaid rogue traffic minutes measured by defendant, not limited to declared minutes; no implied term requiring calculation by declared mins; entitlement established by evidence and contract compromise outside industry practice. Judgment for US$108,861.50 with interest at prevailing US rates from 1 October 2002.

Court Disposition

Judgment entered for plaintiff with interest to be calculated at US rates from 1 October 2002; parties to file orders and address costs via submission or agreement.

Orders

  • Judgment for Telecom Vanuatu Ltd in the sum of US$108,861.50.
  • Interest to be calculated at prevailing US rates from 1 October 2002 as per Mr Collins' affidavit.