PIPE Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 444

FEDERAL COURT OF AUSTRALIA

PIPE Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 444 Citation: PIPE Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 444

Parties: PIPE NETWORKS PTY LTD (ACN 099 104 122) v COMMONWEALTH SUPERANNUATION CORPORATION (ABN 48 882 817 243), 101 COLLINS STREET PTY LTD and PROPERTY COMMUNICATIONS MANAGEMENT INTERNATIONAL PTY LTD

File number: VID 1168 of 2011

Judge: TRACEY J

Date of judgment: 16 May 2013

Catchwords: COMMUNICATIONS LAW – Applicant contracted to provide fibre optic cabling by tenant of office building – whether applicant authorised to access office building in order to install and maintain cabling and other equipment – rights and duties of parties under Telecommunications Act 1997 (Cth) and certain commercial arrangements – principles of statutory construction –– whether office building "land" for relevant purposes – whether applicant provided notice of intention to install cabling as required – whether certain aspects of office building "facilities" – whether applicant required to enter into agreement in order to install facilities.

Legislation: Acts Interpretation Act 1901 (Cth) – ss 2, 2B, 15AA Competition and Consumer Act 2010 (Cth) – ss 151AA, 152AB, 152AR Interpretation Act 1897 (NSW) Legislative Instruments Act 2003 (Cth) – s 13 Local Government Act 1919 (NSW) Telecommunications Act 1991 (Cth) Telecommunications Act 1997 (Cth) – ss 3, 7, 25, 42, 56, Schedule 1, Schedule 3 Telecommunications Code of Practice 1997 (Cth) – ss 2.23, 2.24, 2.25, 4.2, 4.30, 4.31, 4.33, 4.34, 4.37, 4.38, Telecommunications (Low-impact Facilities) Determination 1997 (Cth) Telecommunications (Low-Impact Facilities) Determination 1997 (Amendment No. 1 of 1999)