Clear Networks Pty Ltd, in the matter of Clear Networks Pty Ltd [2021] FCA 454

Federal Court of Australia

Clear Networks Pty Ltd, in the matter of Clear Networks Pty Ltd [2021] FCA 454 File number(s): VID 212 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 29 April 2021

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-Area: Economic Regulator, Competition and Access

Number of paragraphs: 5

Date of hearing: 29 April 2021

Solicitor for the Prospective Applicant: Mr L Widowson of Brixton Legal

ORDERS VID 212 of 2021

BETWEEN: CLEAR NETWORKS PTY LTD (ACN 112 273 566) Prospective Applicant

AND SECOMM AUST PTY LTD (ACN 160 787 968) Prospective Respondent

order made by: WHEELAHAN J DATE OF ORDER: 29 aPRIL 2021

PENAL NOTICE TO: Secomm Aust Pty Ltd (A.C.N 160 787 968) IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

OTHER MATTERS: 1. The prospective applicant undertakes to the Court: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, (to be assessed by the Court or as it may direct), to any person, (whether or not that person is a party), affected by the operation of the order or undertaking or any continuation (with or without variation) of the order or undertaking; (b) to pay the compensation referred to in (a) to the person affected by the operation of the order or undertaking; (c) to commence a proceeding in relation to the subject matter of this application by 4.00pm 30 April 2021; and (d) to pay to the Registry the filing fee of this application. 2. The court read the following affidavits – (a) Robert Jan van der End dated 29 April 2021; and (b) Erhan Karabardak dated 29 April 2021. 3. A legal representative for the prospective respondent did not appear on the application, and in the circumstances of informal notice to the prospective respondent, the Court treated the application as being made ex parte. THE COURT ORDERS: 1. Subject to further order, until 4.00pm Wednesday 5 May 2021, Secomm Aust Pty Ltd (ACN 160 787 968) by its servants or agents or howsoever otherwise is restrained from: (a) tampering or interfering with the telecommunications facility operated by Clear Networks Pty Ltd (ACN 112 273 566) located at the place known as the Briarty Hill Communications Tower in the Waramate Flora and Fauna Reserve, Grueyer in the state of Victoria (Site); and (b) preventing or interfering with the Clear Networks Pty Ltd (ACN 112 273 566) exercising its powers and rights to maintain the facility at the Site. 2. The prospective applicant serve a copy of this order and the affidavits that were read to the Court upon the legal practitioners acting for the prospective respondent forthwith, and otherwise (subject to further order) the prospective applicant is to effect service of this order and other process upon the prospective respondent as permitted by and in accordance with the Federal Court Rules 2011 (Cth). 3. Subject to further order, the requirement that a statement of claim accompany the originating application be dispensed with. 4. The application is adjourned to 5 May 2021, at a time to be advised by the Court. 5. Costs be reserved.