In theory and the law its the best in first dressed. However many stories have come out over the years of people who have been knocked back due to port availability only to surprisingly find out that Bigpond have access to a suddenly available port. Its not the first (or the tenth) time I've heard of cases like this, and I wouldn't be surprised if Bigpond kept one or two ports to its self (especially on Minimuxes) just for such a case (I've heard people who used to work for Telstra claim this but an ex-employee is not always the best source).
I hope you have records, if you cant break contract then maybe an inquiry to the TIO is in order.
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