11 Oct 2004
GOETZ TRADING LTD v. PACIFIC SUPERNET LTD
- Citation
- GOETZ TRADING LTD v. PACIFIC SUPERNET LTD
- Court
- District Court
- Case number
- DCCJ5427/2002
Even accepting expert evidence that the spam probably originated via the plaintiff's IP address, Clause 6.3 cannot be read to make the plaintiff strictly liable for spam arising from unauthorised third party use or technical forgery; the defendant failed to effect proper notification and adequate investigation (sent warnings to an address other than the contractually specified technical contact and did not reasonably follow up) before suspending outgoing e-mail, so the July suspension was a breach of contract for which defendant is liable for consequential and direct costs; defendant succeeds…