An exclusive right to use fibre optic capacity in a network does not extend to an exclusive right to use the infrastructure (pits and conduits) within which that capacity is provided, where the contract expressly provides that the infrastructure owner retains ownership and all other rights of ownership. A non-compete term will not be implied where the contract expressly contemplates the other party supplying services to third parties and specifically addresses the circumstances in which it may use the network. For conversion claims where the physical interference was performed by independent contractors, the principal must be shown to have intentionally instructed the specific act constituting the tortious interference; mere subsequent 'use' of goods that were interfered with by an independent contractor's mistake is insufficient.
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