Port-of-Spain: The En
glish Court of Appeal has dismissed Digicel's application for permission to appeal against an april 2010 decision of Justice Morgan who had dismissed all claims Digicel had brought in a lawsuit against the Telecommunications Services of Trinidad and Tobago (TSTT).
Digicel has also been directed by the Appeal Court to pay TSTT's legal costs which are to be assessed at a standard basis.
In the April 2010 ruling Justice Morgan had delivered a decision dismissing all claims brought by Digicel in a lawsuit against TSTT. Digicel initially sought at least US$50 million in damages alone from TSTT for allegedly delaying Digicel’s interconnection in Trinidad and Tobago.
The April 2010 ruling was based on proceedings filed by Digicel in 2007 against TSTT and several cable and wireless companies on matters arising from the liberalization of the telecommunications markets in the Caribbean.
The claim was based upon breaches of the protection against the Unfair Competition Act ,1966 and to what extent, if any, this caused a delay in Digicel being able to launch its services in the T&T market.
Justice Morgan had determined that Digicel had not suffered any loss or damage as a result of any action taken by TSTT and had added that there was no real or substantial chance that the interconnection dispute between Digicel and TSTT would have been resolved before March 31st 2006.
Following Justice Morgan’s ruling, Digicel in May 2010 sought permission to appeal against the court’s decision. That application was refused by the Court of Appeal yesterday.
TSTT's Vice-President Legal and Executive Vice-President Mobile, Lisa Agard says TSTT is extremely pleased with this decision as it no longer would be required to expend millions of dollars in legal fees and management time on what TSTT saw as a meritless claim.
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