Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Satellite & Wireless Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater [2021] FCA 1018 File number: QUD 457 of 2019
Judge: COLLIER J
Date of judgment: 26 August 2021
Catchwords: COMMUNICATIONS LAW – Telecommunications Act 1997 (Cth) – Telemetry Access Permit entered by parties in resolution of previous litigation – interpretation of contractual provisions in Telemetry Access Permit – proposed installation of low impact facility on roof of reservoir tower – Telemetry Access Permit provided for access to "Permitted Area" – public health issues referable to supply of safe and clean drinking water – radiofrequency electromagnetic energy concerns – structural integrity of reservoir tower roof concerns – whether concerns valid –workplace health and safety improvement notices issued – Work Health and Safety Act 2011 (Qld) – whether applicant or respondent breached Telemetry Access Permit – whether residual rights remained under Telecommunications Act in light of agreement – claim for specific performance
Legislation: Telecommunications Code of Practice 1997 (Cth) s 17(1)(a) Telecommunications Act 1997 (Cth) sch 3 s 11 Work Health and Safety Act 2011 (Qld) Work Health and Safety Regulations 2011 (Qld)
Cases cited: Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd [1982] HCA 53; (1982) 149 CLR 600 Factory 5 Pty Ltd (In Liq) v State of Victoria (No 2) [2012] FCAFC 150 JC Williamson Ltd v Lukey and Mulholland [1931] 45 CLR 282 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 NBN Co Limited v Pipe Networks Pty Limited [2015] NSWSC 475 Price v Spoor [2021] HCA 20 Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107
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