Telecom move not in interests of justice
By Jock Anderson
Telecom has suffered a setback in a long-running lead-up to a courtroom battle with rival Telstra New Zealand over carrier rebilling.
Refusing Telecom leave to file a counterclaim Justice Rodney Hansen ruled Telecom could not use documents discovered from Telstra as the basis of a counterclaim because it would not be in the interests of justice.
The documents relate to Telstra's management of telecommunications services to Fletcher Challenge.
Telecom alleged the discovered documents showed Telstra misused confidential information, was guilty of misleading and deceptive conduct, altered dates on customer letters of authority and had harmed Telecom's economic interests by unlawful means.
In High Court proceedings started in May, 1999, Telstra claimed Telecom used its allegedly dominant market position to prevent Telstra from competing or to eliminate it from the telecommunication management services market.
The case centres on the termination by Telecom of arrangements.
For the purpose of providing telecommunication management services Telstra New Zealand - a subsidiary of Australian Telstra Corporation - obtains from customers a letter of authority (LOA), which notifies other carriers, including Telecom, that Telstra is acting on behalf of the customer.
One of the practical outcomes of the LOA is that Telecom forwards the bills of customers who sign LOAs to Telstra: hence carrier rebilling.
Last year Telecom announced it would no longer acknowledge Telstra's authority under LOAs executed by customers after March 10, 1999.
The case, originally set down for five weeks in March, was adjourned for a hearing over three months beginning on September 25.
Comments from our readers
No comments yet
Add your comment:
MARKET CLOSE: NZ shares rise on yield hunt; Genesis, MRP, Meridian
NZ dollar heads for 3.1% weekly slump after early market meltdown; Jackson Hole looms
Air NZ shares fall, analysts query capital return strategy
Anti-dumping consumer welfare test unfair to NZ businesses, lobby group says
FMA's top risks crop up in 2015 enforcement activity
Martin Aircraft posts full-year loss; on track to sell world's first commercial jetpack next year
S&P affirms NZ credit rating on expectation govt will get books back in black
KiwiRail operating earnings improve, despite lower freight revenues
Ron Brierley rides again, builds 7.2% stake in Smiths City
Higher future power prices loom as generators cut gas and coal plants