Hastway Pty Ltd v Birstar Pty Ltd

Hastway Pty Ltd, trading as Accom Noosa, filed a motion for an interlocutory injunction against Birstar Pty Ltd, seeking to compel Birstar to allow access to the PABX system in the Ocean Breeze complex at Noosa Heads. Hastway, appointed by unit owners to manage their properties, sought to connect the telephones in those units to its own PABX system. Birstar, which previously managed the properties, disputed Hastway's right to access the PABX system and denied Hastway's standing to bring the action. The court had to determine whether Hastway had the requisite standing to seek an interlocutory injunction and whether it had a right to access the PABX system. Moynihan J held that Hastway did not have the standing to bring the application as it did not possess a private right, privilege, or freedom in respect of the equipment in question. The court found that Hastway was merely a commercial competitor of Birstar and had no private right. Furthermore, the court noted that the PABX system and its components were likely a chattel rather than a fixture, and therefore Birstar had the right to control access to the equipment. The court dismissed the motion for an interlocutory injunction and ordered that costs should follow the event, subject to any considerations not yet brought to the court's attention.