Kogan Mobile claims victory in ispONE battle

 

ispONE abandons counterclaim, wants Telstra named.

Telstra reseller ispONE has agreed to stop suspending Kogan Mobile users from its network without Kogan's approval, unless in accordance with the service suspension policy.

The final hearing in the court case between the pair was held today in the Victorian Supreme Court. 

Kogan Mobile took legal action against ispONE last month after the latter suspended and blocked a number of Kogan Mobile customers over several months for what it claimed was overuse. Mediation between the two had previously failed. 

Counsel for Kogan Mobile, Arnold Bloch Leibler partner Justin Vaatstra, told iTnews the company had acted in the interests of its users.

“Kogan Mobile took the action it had to take to protect its customers and we’re pleased to have obtained the relief that we sought to do that," he said outside court.

“We’ve been entirely successful.”

ispONE today abandoned its counterclaim against Kogan Mobile, which had argued "misleading and deceptive conduct" meant Kogan was in breach of the master wholesale agreement between the two.

Kogan Mobile counsel in court today said the allegation was "outrageous". 

“We thought that was a misconceived claim,” Vaastra told iTnews.

Counsel representing ispONE sought to have a reference to Telstra included in today’s undertaking, arguing it was Telstra, not ispONE, that ultimately carried out the suspension of users from its network.

Kogan counsel Norman O’Bryan SC asked for the reference to be removed.

“ispONE has assiduously avoided even mentioning the holy name of Telstra up until now,” O’Bryan told the court.

ispONE had previously refused to provide the court with relevant communication between itself and Telstra.

O'Bryan argued the communication could have shed light on why Kogan Mobile was still waiting on 50,000 SIM cards, an agreed monthly order from ispONE, that it had expected to receive in early April.

The SIM cards are now expected to be delivered to Kogan Mobile on May 10.

“This is an issue that could destroy our business,” O’Bryan told the court.

The hearing was adjourned to allow orders to be drawn up to reflect the agreement. Justice Judd urged the parties to come to an agreement on costs outside of court. 

He said ispONE's abandonment of the counterclaim had shortened the case and should be taken into account in cost talks.

Kogan Mobile’s claim for damages is to be heard separately.

ispONE declined to comment.

 

 

 

Copyright © iTnews.com.au . All rights reserved.


Kogan Mobile claims victory in ispONE battle
 
 
 
Top Stories
The True Cost of BYOD - 2014 survey
Twelve months on from our first study, is BYOD a better proposition?
 
Photos: Unboxing the Magnus supercomputer
Pawsey's biggest beast slots into place.
 
ANZ looks to life beyond the transaction
If digital disruptors think an online payments startup could rock the big four, they’ve missed the point of why people use banks, says Patrick Maes.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Pass on carbon tax savings, warns ACCC
Jul 24, 2014
The ACCC is warning businesses that supply "regulated goods" to pass on any cost savings ...
Have customers that won't pay debts?
Jul 10, 2014
The ACCC and ASIC have updated their advice when it comes to collecting debts.
Carpet cleaner faces court over online testimonials
Jul 4, 2014
The ACCC has initiated proceedings against A Whistle (1979) Pty Ltd, the franchisor of Electrodry...
You can now get 15GB of free online storage using Microsoft OneDrive
Jun 25, 2014
Cloud storage has reached both the capacity and price where it's a viable alternative to local ...
Another clever trick you can perform with Xero
Jun 25, 2014
Here is another way to reach out to particular subsets of your customers using Xero.
Latest Comments
Polls
What is delaying adoption of public cloud in your organisation?







   |   View results
Lock-in concerns
  29%
 
Application integration concerns
  3%
 
Security and compliance concerns
  28%
 
Unreliable network infrastructure
  9%
 
Data sovereignty concerns
  22%
 
Lack of stakeholder support
  3%
 
Protecting on-premise IT jobs
  4%
 
Difficulty transitioning CapEx budget into OpEx
  3%
TOTAL VOTES: 1116

Vote