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It's a historical jest." Justice Robson ordered Telstra to pay Optus' legal costs. "This is a disappointing decision and surprising given the Judge's original position," a spokesperson for Telstra said. "Regardless of any advertising by our competitors, the fact remains we offer our customers Australia's largest and fastest mobile network and we connect millions more Australians than anyone else." Optus managing director of product and marketing Ben White said the company was very pleased with the outcome, and would continue to invest and compete for customers. "We believe Australians should know that Optus offers them a real alternative with an award-winning mobile network that delivers great value for customers," he said. The decision on Wednesday follows a separate judgement in the Australian Federal Court last week that Telstra's "unlimited" mobile network advertising campaign was misleading and deceptive, and prevented Australia's incumbent telco from continuing them. According to Justice Gleeson, Telstra's advertisements "falsely convey the representation" that the telco offers a mobile product with no limits on data speeds, data volumes, and the ability to download data without interruption or delay, misleading the public on the nature and characteristics of mobile products including the geographical reach of its network, and therefore contravene both Australian Consumer Law and the Competition and Consumer Act. "Unlimited is a powerful word," Optus counsel Richard Lancaster SC had said in hearings a week prior, adding that Telstra's ads cause "a misleading impression intentionally created to draw consumers into the marketing web" and are "misleading and false". "Its lack of specificity is in fact a huge part of the problem, because it invites consumers to think about what is important to them about a mobile network ... and telling them those are unlimited." Counsel for Telstra argued that the ads are not misleading because a reasonable reading of them would not expect the word "unlimited" to be applied to every single feature of every single product on offer from the telco. Optus said at the time it was seeking monetary relief and permanent injunctive orders to be decided in a case management hearing on June 1. Telstra has already been ordered to pay the legal costs of Optus.
For the original version including any supplementary images or video, visit https://www.zdnet.com/article/optus-chalks-up-advertising-court-victory-over-telstra/
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