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

FEDERAL COURT OF AUSTRALIA

Satellite & Wireless Pty Ltd v Body Corporate for Brighton on Broadwater Sundale North 1 Community Titles Scheme 48640 [2018] FCA 723 File number: NSD 666 of 2018

Judge: LOGAN J

Date of judgment: 4 May 2018

Catchwords: COMMUNICATIONS LAW – licensed telecom carrier – application for injunctive relief against a body corporate – failure of body corporate to appear – judgment made in default. Held – injunction granted.

Legislation: Telecommunications Act 1997 (Cth)

Date of hearing: 4 May 2018

Date of last submissions: 3 May 2018

Registry: Queensland

Division: General Division

National Practice Area: Other Federal Jurisdiction

Category: Catchwords

Number of paragraphs: 6

Counsel for the Applicant: Mr H Trotter

Solicitor for the Applicant: Barringer Leather Lawyers

Counsel for the Respondents: The respondents did not appear

ORDERS NSD 666 of 2018

BETWEEN: SATELLITE & WIRELESS PTY LTD ACN 103 881 303 Applicant

AND: BODY CORPORATE FOR BRIGHTON ON BROADWATER SUNDALE NORTH 1 COMMUNITY TITLES SCHEME 48640 First Respondent

BODY CORPORATE FOR BRIGHTON ON BROADWATER SUNDALE SOUTH 1 COMMUNITY TITLES SCHEME 48642 Second Respondent

BODY CORPORATE FOR BRIGHTON ON BROADWATER SUNDALE SOUTH 2 COMMUNITY TITLES SCHEME 49180 Third Respondent

JUDGE: LOGAN J DATE OF ORDER: 4 MAY 2018

THE COURT ORDERS THAT:

1. 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 of Pt 1 of Sch 3 of the Telecommunications Act 1997. Specifically, the respondents by themselves, their employees, servants and/or agents, and/or representatives will not interfere with the applicant's statutory right to: (a) enter onto the land on which the building known as Sundale Apartments is situated upon, located at 2 Como Crescent, Southport Queensland 4215 ("the Land") for the purposes set out in Div 2 of Pt 1 of Sch 3 of the Telecommunications Act 1997; (b) engage in activities and exercise powers arising under Div 2 of Pt 1 of Sch 3 of the Telecommunications Act 1997; and (c) carry out an inspection of the roof of the building to determine whether it is suitable for the purpose of installing a low-impact facility as specified in detail in the applicant's Land Entry and Activity Notice dated 18 November 2016 on dates to be notified by the applicant. 2. The term "interfere with" in paragraph 1 herein includes: (a) obstruct; (b) prohibit; (c) impede; (d) stall; and (e) prevent. 3. The respondents pay the costs of the applicant, of and incidental to the application, to be taxed if not agreed. 4. Pursuant to r 41.04(1) of the Federal Court Rules, the respondents must do all things necessary to comply with the above orders of the Court. The Court notes that if the respondents do not comply with any of the above orders of the Court, the Registrar may bring the respondents' failure, neglect or disobedience to the attention of the Court and the Honourable Court may act on its own initiative pursuant to r 1.40 of the Federal Court Rules. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.