McCafferty Waters & Ward (a Firm) v Australian Telecommunications Commission trading as Telecom Australia [1987] FCA 806

Ny

o>

IN THE FEDEPAL COURT OF AUSTPALTA

) a. QUEENSLAND DISTRICT PEGISTRY ) OLD. G203 of 1387 ) QLD. G212 of 1987 )

GENERAL DIVISTON

BETWEEN : McCAFFERTY .WATERS & WARD (a Firm)

Applicant AND:

AUSTRALIAN TELECOMMUNICATIONS COMMISSION trading as TELECOM AUSTRALIA

Respondent

SPENDER J.

BRISBANE " 4 DECEMBER 1987.

EXTEMPORE REASONS FOR JUDGMENT

ne In these proceedings, Messrs. McCafferty, Waters and Ward, a well "known firm of 'solicitors in Brisbane seeks an injunction, until the determination ..of the respondent's claim against the applicant for Eélephone service charges in the sum of

$16,644.70, restraining the respondent from disconnecting at the

telephone exchange 12 enumerated telephone services.

In a parallel proceeding, the applicant seeks an order

of review under s.5(l)(e) of the Administrative _ Decisions

(Judicial Review) Act 1977 of the decision of the respondént, the ek

N

Australian Telecommunications Commission trading as Telecom Australia, to disconnect the telephone services of the applicant,

such decision being made on 10 November 1987 and contained in a

letter from the respondent to the applicant.

By way of arrangement, no action was taken concerning the disconnection of the telephone services to the applicant pending the resolution of the applications for interlocutory

relief.

This morning, on the hearing of that claim, the Parties

agreed that I should treat the matter in a final way.

A jurisdictional point was taken on behalf of the Commission that it was not, for the purposes of §.39B of the Judiciary Act 1903, an officer of the Commonwealth. I think that point is well taken, but an amendment might be permitted restraining Mr. Look, who is the manager of the credit billing of the metro central district of the Australian Telecommunications Commission, and who is authorized by the Commission to make