Pool and bedding supplier Clark Rubber is taking Microsoft and a senior Australia Post executive to the Victorian Supreme Court for allegedly charging the company for software licenses they never received.
The claims were detailed in a writ filed at the court by HWL Ebsworth, which is the law firm presenting Clark Rubber Franchising and Retail Intelligence Systems.
The two defendants are Microsoft and its former local managing director Tracey Fellows, who was hired by Australia Post in January as executive general manager for its new communications management services business unit.
According to the writ, the issues sprang from Clark Rubber's attempts to introduce a new technology system to manage its merchandising and inventory control, head office and back office functions. The change was known as the CRISP project.
The plaintiffs claim Microsoft was paid to supply software for the project along with the required software licenses that were not provided. They also claim the US software giant contravened section 52 of the Trade Practices Act 1974, resulting in loss and damage.
"The Plaintiffs seek orders pursuant to ss82 & 87 of the Trade Practices Act 1974 compensating them for the loss and damage which they suffered together with interest and costs," the writ states. "It would be unjust or the First Defendant [Microsoft] to retain the benefit of the payment and the Plaintiffs seek restitution of the monies paid."
Microsoft, Tracey Fellows and Australia Post were unable to comment by time of publication.
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