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No: (P)VID812/2013
Federal Court of Australia
District Registry: Victoria
Division: General
ISPONE PTY LTD ACN 103 220 766
Applicant
TELSTRA CORPORATION LIMITED ACN 051 775 556
Respondent
ORDER
JUDGE:
Justice Pagone
DATE OF ORDER:
14 August 2013
WHERE MADE:
Melbourne
Upon the Applicant undertaking, by its Counsel:
(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and
(b) to pay the compensation referred to in (a) to the person there referred to; and
and conditional upon the Applicant:
© giving irrevocable directions in the form specified in Annexures A and B to this Order to the persons specified in those directions within 24 hours of the making of this order; and
(d) filing and serving an affidavit verifying notification of the direction referred to in © to the persons named in Annexures A and B forthwith.
THE COURT ORDERS THAT:
1. Until trial or further order, the Respondent be restrained from:
(a) acting on any of the Breach Notices as defined in paragraph 67 of the Affidavit of Zac Swindells affirmed on 12 August 2013;
(b) terminating the Customer Relationship Agreement between the applicant and the respondent dated 18 May 2005, as varied by the Variation Agreement dated 21 November 2012;
© terminating the supply of services contemplated by the CRA to the Applicant including but not limited to the Service as defined in CRA-84 – Telstra Wholesale Pre-Paid Mobile Service Schedule.
2. The proceeding be listed for directions at 10:15am on 15 August 2013.
3. The applicant file and serve by 9:30am on 15 August 2013 full written submissions in support of its claims against the respondent for final relief upon the assumption that the applicant’s evidence-in-chief be the materials filed in the proceeding.
4. Costs be reserved.
5. Liberty to apply.
Date that entry is stamped:
Deputy District Registrar
Annexure A to Orders
Irrevocable direction by ispONE Pty Ltd to Medion Australia Pty Ltd
1. ispONE Pty Ltd (ACN 103 220 766) (ispONE) hereby irrevocably directs Medion Australia Pty Ltd (ACN 106 611 330) (Medion) to pay the amount(s) payable pursuant to Invoice Number 20391 dated 1 August 2013 issued by ispONE to Medion (Invoice) less;
(a) the sum of $200,000;
(b) the sum of $713,369.11 being the amount payable from ispONE to Medion in commissions pursuant to invoice 20397 issued by Medion to ispONE,
being the total sum of $1,466,082.07 by electronic funds transfer to the following bank account:
Account Name: Federal Court of Australia Official Litigant's Account
Bank: RBA
BSB: 092-002
Account Number: 111230
and quoting reference VID812/2013 (Payment).
2. The Payment is to be made on or before the listed due date of the Invoice, namely on or before 29 August 2013.
3. Upon the Payment being made in accordance with items 1 and 2 above, ispONE will consider any and all monies due and owing under the Invoice to ispONE as paid and fully satisfied.
Dated:
Signed:
Zac Swindells
Managing Director
ispONE Pty Ltd
Annexure B to Orders
Irrevocable direction by ispONE Pty Ltd to Kogan Mobile Pty Ltd
1. ispONE Pty Ltd (ACN 103 220 766) (ispONE) hereby irrevocably directs Kogan Mobile Pty Ltd (ACN 150 279 342) (Kogan) to pay the amount(s) payable pursuant to Invoice Number 20389 dated 1 August 2013 (namely the sum of $2,956,601.59) and issued by ispONE to Kogan (Invoice), by electronic funds transfer to the following bank account:
Account Name: Federal Court of Australia Official Litigant's Account
Bank: RBA
BSB: 092-002
Account Number: 111230
and quoting reference VID812/2013 (Payment).
2. The Payment is to be made on or before the listed due date of the Invoice, namely on or before 29 August 2013.
3. Upon the Payment being made in accordance with items 1 and 2 above ispONE will consider any and all monies due and owing under the Invoice to ispONE as paid and fully satisfied.
Dated:
Signed:
Zac Swindells
Managing Director
ispONE Pty Ltd
http://forums.whirlpool.net.au/f ... 35162&p=42#r828 |
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香香脆脆的玉兰饼 (2009-7-30) bahamut 
发表于 2013-8-14 21:56
（判令在2楼， Kogan跟Aldi要付4mils， 而Telstra那边的欠费据说是12mils。。。）
发表于 2013-8-15 00:28
