TPG-owned Soul Pattinson Telecommunications has accused software maker Subex of filing affidavits that "stepped outside" existing pleadings in a prolonged Federal Court case.
Subex lawyer Bede Haines disputed the allegation in the Federal Court in Sydney today.
The case was originally filed in 2009 over an soured deal to provide operational and business support system (OSS/BSS) software to Soul prior to the telco's merger with TPG Internet.
It was now "getting long in the tooth", due in part to "its share of interlocutory delays", according to presiding Judge Nye Perram.
The sides now disputed affidavits filed by Subex in December and January.
Soul's counsel David Sulan said that correspondence had been exchanged between lawyers for both sides since Subex filed the series of documents.
"What's transpired is the respondent has served evidence in December and January that, upon review, raised issues that don't arise in plea evidence," Sulan said.
"There's a significant factual issue we say has now emerged from the evidence".
Sulan sought a ruling that Subex file a motion and affidavit "explaining why this wasn't part of the [original] plea".
"If new factual matters are being put into evidence, we need to understand why," Sulan said.
Justice Perram queried whether Soul's request for Subex to prepare the new affidavit was "to drag them [Subex] across the coals".
"We're being dragged across the coals," Haines later told the court, echoing Justice Perram's words.
"If we're going to be then so be it. But we don't agree there's an obvious substantial matter that's just been raised [in our filings]."
Further directions were listed for April 5.