Pivotel Satellite Pty Limited v Optus Mobile Pty Limited

Pivotel Satellite Pty Limited, Pivotel Group Pty Limited, and Pivotel Communications Pty Limited (referred to as Pivotel) filed an application against Optus Mobile Pty Limited and Optus Networks Pty Limited (referred to as Optus) seeking, among other things, declarations that Optus had contravened certain sections of the Trade Practices Act 1974 (Cth) by blocking Optus's customers from accessing Pivotel's telecommunications network and Australian digital telephone numbers. Pivotel sought an order restraining Optus from blocking its customers, as well as an order for corrective advertising. Optus moved to strike out the application and statement of claim, arguing that the pleading was inadequate and caused embarrassment. Pivotel, in turn, sought leave to rely on an amended statement of claim. The court had to decide whether the amended statement of claim disclosed a reasonable cause of action and whether it had a tendency to cause embarrassment. The court found that the amended statement of claim was too vague and undefined to allow Optus a fair opportunity to meet it, and it failed to furnish a statement of the case sufficiently clear. The pleading did not identify the services supplied by Optus, the transactions constituting the provision of the alleged interconnection service, or the critical concept of "point of interconnection." The court held that the pleading as a whole failed to disclose a reasonable cause of action and was embarrassing. Consequently, leave to rely on the amended statement of claim was not granted. The court also addressed costs issues, determining that Optus was entitled to costs of Pivotel's withdrawn notice of motion for leave to discontinue the proceeding.