The Victorian Supreme Court has confirmed Kogan’s claim of victory in its legal stoush with partner ispONE, ordering the Telstra reseller to pay Kogan’s losses and court costs.
The final hearing between the pair was held yesterday, part of a battle which arose after Kogan Mobile claimed its telco partner suspended and blocked users from its network over several months without consultation or explanation, for what ispONE claimed was overuse.
ispONE yesterday agreed to stop suspending Kogan Mobile users from its network without Kogan's approval, unless in accordance with an agreed service suspension policy.
It also abandoned its counterclaim against Kogan Mobile, in which it had alleged the company had engaged in misleading and deceptive conduct by promoting the mobile plans as “unlimited”.
The Court today found ispONE had breached its obligations under the pair’s master wholesale agreement by blocking 211 customers and suspending over 700.
ispONE has been ordered to pay Kogan Mobile court costs and any incurred losses, which are to be negotiated by the pair over the next fortnight, or failing that, assessed by the Court.
Kogan Mobile declined to comment on the extent of the damages or whether the pair were likely to come to an agreement on losses.
ispONE did not respond to request for comment by the time of publication.
The Court did not hand down a ruling on the 50,000 monthly order of SIM cards Kogan Mobile is awaiting from ispONE.
The SIM cards were due in April but were delayed. ispONE yesterday said it expected the cards to be delivered on May 10.