THE SUPREME Court has rejected Internet Service Provider InfoChannel Ltd's request for an injunction against Cable and Wireless Ltd.
Mr. Justice Maurice Reckord in refusing to grant the order on Thursday said the right to bypass, which InfoChannel was now seeking to protect, was illegal.
The judge had granted an injunction to InfoChannel when it brought an ex parte application before him on April 12 this year. Thursday, the judge refused to grant an injunction until the suit it has brought against C&W has been heard and determined. InfoChannel is seeking damages for breach of contract and certain declarations against C&W.
After the suit was filed and the injunction was granted on April 12, C&W filed a summons in the Supreme Court on April 13 to discharge the injunction.
InfoChannel applied on April 18 for an interlocutory injunction to remain in force until the suit was heard and determined.
After hearing the summonses together, the judge made his ruling in chambers.
The judge posed the following questions:
"What is the right that InfoChannel Ltd is seeking to protect? Is it the right to bypass?"
In answering the questions the judge said "This is now illegal and subject to a fine and imprisonment."
The judge said he noted that although the Telecommunications Act came into effect six weeks before InfoChannel filed the action on April 12, that was the first case before the court under the new Act. "It is settled law that an applicant must fulfil certain conditions in order to obtain an interlocutory injunction," the judge said.
InfoChannel is appealing the ruling and the judge granted leave to appeal.
On March 15, this year C&W applied to the Office of Utilities Regulation for the specific terms and conditions under which C&W could discontinue or disconnect the service provided to InfoChannel. C&W said then that it had reasonable belief that InfoChannel was engaged in bypass activities. The OUR directed that the terms and condition for discontinuance include, one-way dialling facility only, subject to 24 hours notice to InfoChannel.
