Kogan Mobile and ISPOne will return to court next week after failing to resolve their ongoing dispute over suspending Kogan Mobile customers.
Ruslan Kogan's mobile company, Kogan Mobile, took ISPOne to court, alleging that the Telstra wholesaler had breached the master wholesale agreement between the two companies because it had suspended who were flagged by ISPOne as using too much data — over 400MB per day on more than two days in a month — or making too many phone calls in a short timeframe.
ISPOne responded in a Victorian Supreme Court hearingby stating that Kogan Mobile was engaged in "misleading and deceptive conduct" by calling the plans "unlimited" when there were very limited conditions placed on the plans under the company's acceptable use policy.
At the time, Justice James Judd suggested that the case could potentially be resolved through mediation.
"It seems to me, if I may be so bold, to be the kind of case that screams out for somebody to sit down and bang some heads together and say 'you have got to arrive at a solution to a very practical problem'," he said at the time.
"It just seems to me that you have got to give this your best shot at finding some sort of accord in this commercial context."
ZDNet understands that the two telcos met on Tuesday for mediation, but no agreement came out of it. Kogan himself was not at the hearing due to being overseas at the time.
The case is now due to return to court on Monday, April 29.