Telstra Corp Ltd has lost a bid to gain greater control of its...

Telstra Corp Ltd has lost a bid to gain greater control of its shared 3G network from its partner, Hutchison, after a court ruled that the smaller telco's proposed merger with Vodafone did not amount to a change of control.

Under Telstra's agreement with Hutchison, signed in 2005, a change in control at one company means the other can permanently install its own chair for the so-called 3GIS joint venture. That chair would also be given a casting vote on the evenly-split six-member board.

The chairmanship is currently shared by both companies, on a revolving basis, and the chair does not receive a vote.

Hutchison chief executive Nigel Dews said he was pleased but not surprised that the Victorian Supreme Court ruled against Telstra, deciding the company's tie-up with Vodafone did not constitute a change of control.

"Telstra made an untenable claim to assume a greater say in the operations of 3GIS than they are entitled to," Mr Dews said.

"I hope that under the new management team, this kind of approach by Telstra is a thing of the past."

Mr Dews said the dispute has no impact on its proposed merger with Vodafone, which is still subject to regulatory approval.

Telstra shares fell 1.58 per cent to 3.10 on Wednesday, as Hutchison finished flat at 12 cents.