Satellite & Wireless Pty Ltd v Body Corporate for Brighton on Broadwater Sundale North 1 Community Titles Scheme 48640 [2018] FCA 723

Satellite & Wireless Pty Ltd v Body Corporate for Brighton on Broadwater Sundale North 1 Community Titles Scheme 48640 [2018] FCA 723

Because Satellite & Wireless was a licensed telecommunications carrier, had given notice under Sch 3 of the Telecommunications Act 1997 for an inspection, received no objection, and was apparently refused access to the roof without reasonable cause, and because the served respondents failed to appear, the applicant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Application for Injunctive Relief by a Licensed Telecommunications Carrier Against Body Corporate Respondents / First Case Management Hearing; Judgment Made in Default After the Respondents Failed to Appear
Outcome
Injunction granted; respondents ordered to pay the applicant's costs.
Legal Topics
['licensed Telecommunications Carrier' 'statutory Land Access and Inspection Rights' 'injunctive Relief' 'default Judgment' 'telecommunications Act 1997 (cth)']
['communications Law' 'federal Civil Procedure'] ['licensed Telecommunications Carrier' 'statutory Land Access and Inspection Rights' 'injunctive Relief' 'default Judgment' 'telecommunications Act 1997 (cth)']

Source-derived case record

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Procedural Posture

Application for Injunctive Relief by a Licensed Telecommunications Carrier Against Body Corporate Respondents / First Case Management Hearing; Judgment Made in Default After the Respondents Failed to Appear

Legal Issues

  1. 1 ['Whether the applicant was entitled to injunctive relief restraining the respondents from interfering with its statutory rights under Div 2 of Pt 1 of Sch 3 of the Telecommunications Act 1997.' "Whether the respondents' failure to appear after service of the originating application and supporting affidavits constituted an event of default permitting relief." 'Whether the applicant had given notice under Sch 3 of the Telecommunications Act 1997 and had been refused access to inspect the roof of the building without reasonable cause.']

Ratio Decidendi

Because Satellite & Wireless was a licensed telecommunications carrier, had given notice under Sch 3 of the Telecommunications Act 1997 for an inspection, received no objection, and was apparently refused access to the roof without reasonable cause, and because the served respondents failed to appear, the applicant was entitled to injunctive relief enforcing its statutory access and inspection rights.

Court Disposition

Injunction granted; respondents ordered to pay the applicant's costs.

Orders

  • ["The respondents by themselves, their employees, servants and/or agents, and/or representatives, are restrained from, and an injunction issue to restrain the respondents by themselves, their employees, servants and/or agents, and/or representatives, from interfering with the applicant's statutory rights under Div 2...