Aibi Holdings Pty Ltd v Virtual Technology Services Pty Ltd

Aibi Holdings Pty Ltd sought relief from the Federal Court of Australia against Virtual Technology Services Pty Ltd over alleged breaches of the Australian Consumer Law and a contract. The Applicant claimed that the third agreement between the parties was a standard form contract containing unfair terms and that it was entitled to terminate the contract. The Respondent denied these claims and asserted that the Applicant was not entitled to terminate the contract and had breached it by failing to pay an invoice. The court had to decide whether the third agreement was a standard form contract and if so, whether any of its terms were unfair. The court also had to determine whether the Applicant was entitled to terminate the contract and if the Respondent had breached it by failing to pay an invoice. The court found that the third agreement was not a standard form contract and that the unfair terms claim therefore did not arise. Even if the third agreement had been a standard form contract, two of its terms were unfair. The Applicant was not entitled to terminate the contract, and the Respondent had not breached the contract by failing to pay the invoice. The court dismissed the Applicant’s claims and ordered that the question of costs be resolved on the papers.