Pipe Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 608

Pipe Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 608

PIPE is entitled to carry out the installation works and enter the premises under clause 6(1) of Schedule 3 to the Telecommunications Act 1997 (Cth); Schedule 1 does not qualify PIPE’s authority in the circumstances. The cross-claim fails, and justice does not warrant departure from the usual rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
20 June 2013
Procedural Posture
Civil / Post Trial Judgment
Outcome
Applicant’s claim granted, cross-claim dismissed, respondents to pay applicant’s costs.
Legal Topics
['telecommunications Access Rights' 'apportionment of Costs' 'land Access for Carriers']
['communications Law' 'practice and Procedure' 'costs'] ['telecommunications Access Rights' 'apportionment of Costs' 'land Access for Carriers']

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Procedural Posture

Civil / Post Trial Judgment

Legal Issues

  1. 1 ['Whether the applicant is authorised to install optical fibre cables under Schedule 3 of the Telecommunications Act 1997 (Cth)' "Whether the respondent's cross-claim for rights under Schedule 1 qualifies the applicant's authority" 'Principles governing costs apportionment in Federal Court proceedings']

Ratio Decidendi

PIPE is entitled to carry out the installation works and enter the premises under clause 6(1) of Schedule 3 to the Telecommunications Act 1997 (Cth); Schedule 1 does not qualify PIPE’s authority in the circumstances. The cross-claim fails, and justice does not warrant departure from the usual rule that costs follow the event.

Court Disposition

Applicant’s claim granted, cross-claim dismissed, respondents to pay applicant’s costs.

Orders

  • ['The applicant is authorised to carry out the optical fibre cable installation at 101 Collins Street Melbourne.' 'The applicant and its employees/contractors may enter and occupy 101 Collins Street Melbourne for purposes of installation under clause 6(1) of Schedule 3 of the Telecommunications Act 1997 (Cth).' 'The...