The Supreme Court of Victoria has given Telstra the go-ahead to proceed with its lawsuit against Optus over speed claims in an advertisement campaign.
Judge Robson ruled that Telstra may suffer irreparable injury for which damages will not result in an adequate compensation unless an injunction was granted.
The telco’s application for interlocutory relief was granted, directing Optus to refrain from using the claims and to temporarily take down the ads in question.
“I am satisfied that there is a serious question to be tried in relation to the allegations of misleading or deceptive conduct on the part of Optus,” Robson said.
“I am further satisfied that if I were to refuse the application, Telstra may suffer irreparable injury for which damages would not adequately compensate. Finally, I am satisfied that the balance of convenience test favours the granting of the injunctions sought by Telstra.”
He added that Optus would suffer no great inconvenience having to withdraw the advertisements.
Telstra took Optus to court last week over ads that spruik the results of a the P3-Connect mobile benchmark, wherein Optus was the leader in voice and Telstra was the leader in data performance.
The telco said Optus’ use of the P3 Connect report is not a sufficient basis to support the claims it made on the ads, since Telstra was ranked best in data performance.
“We are pleased the court has heard our case that the Optus network advertising is misleading and has put a stop to it pending a final hearing,” a Telstra spokesperson told CRN.
“Telstra’s mobile network is the best in Australia, providing the greatest coverage and faster speeds in more places and we believe advertising that tries to suggest anything else is an attempt to mislead consumers.”
An Optus spokesperson meanwhile maintains that being named 'Best in Test' in the mobile benchmarks is worth celebrating and communicating and that P3 is an independent, internationally respected network benchmarking company.
“Unfortunately, our competitor is clearly unhappy about losing to Optus, and has no doubt lost its sense of humour in the process,” the spokesperson told CRN.
“Optus believes Australians should know Optus has an alternative, award-winning premium mobile network that delivers great value for customers.
“Optus will continue to invest and compete for customers across cities, in regions and rural locations with a premium quality network that continues to improve, expand and deliver customers great value and must-have sports and entertainment content.”