Additional Comments
One of iiNet's witnesses in the case was iiNet Managing Director and CEO, Michael Malone. Justice Cowdroy was invited by the applicants to find that Malone was not a credible witness, being neither truthful nor reliable. In a sharp rejection of this submission, Justice Cowdroy held (at 132-133):
132. The applicants have mounted a vigorous challenge to the credibility of Mr Malone, asserting that he was neither a truthful nor reliable witness. It has been submitted that the Court should not rely on his evidence except where it is against his interests or it is independently corroborated. It is submitted that Mr Malone was determined to advocate the respondent's cause at every opportunity and where he sensed a conflict between that cause and the truth, he was prepared to subordinate the latter in favour of the former.
133. The Court rejects the attack on the credit of Mr Malone. Mr Malone was an impressive witness who remained consistent (for the most part) in the evidence he gave during three days of gruelling and unnecessarily hostile cross-examination.
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