Gilsan v Optus [No 2]

The case of Gilsan v Optus [No 2] involved a dispute between Gilsan and Optus regarding the terms and enforceability of a contract, particularly in relation to accrued rights of a third party, the application of foreign law, and the calculation of interest on judgments. The matter was heard in the Federal Court of Australia, which was asked to decide several complex legal issues arising from the original proceedings.

The court had to determine whether the parties to a contract could agree to terms that adversely affected the accrued rights of a third party. It also needed to consider whether certain contractual terms, which were set to expire, would continue to operate until a new agreement was reached in the following year. Another issue was whether the reasoning in a previous decision, which had not yet been formally entered, could be reopened. The court was also tasked with assessing the weight of submissions made both individually and collectively. Additionally, the court had to decide whether a foreign court's decision on the validity of foreign law could be considered evidence of the application of that law. Lastly, the court needed to determine the appropriate interest rate to be applied to judgments, especially in cases involving foreign currencies.

The court found that the parties could not agree to terms that would adversely affect the accrued rights of a third party. It held that contractual terms that were set to expire did not continue to operate beyond the conclusion of the original agreement. The court also ruled that the reasoning in the previous decision could be reopened and that the weight of the submissions should be considered both individually and collectively. Regarding foreign law, the court concluded that a foreign court's decision on the validity of that law could be taken into account. Finally, the court determined that a foreign interest rate should be applied to judgments in foreign currency.

The court ordered that the interest rate on judgments should be calculated according to the foreign interest rate, and other matters were to be dealt with as per the detailed findings of the court.