By Jock Anderson
Friday 30th June 2000
|Text too small?|
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.
No comments yet
MARKET CLOSE: NZ shares fall: A2 downgraded on eve of earnings, Heartland misses expectations
NZ dollar falls after second fruit fly discovered
Wrightson warns weak wool demand, slow spring listings weigh on earnings
OMV eyes Asia's growing gas demand
Heartland's 1H profit dampened by restructuring, accounting changes
Hallenstein seeks new CEO; shares fall
Tower affirms earnings guidance, notes increased digital upgrade cost
NZME targets positive earnings from paywall in 2 years; profit falls
Precinct raising $150M from an underwritten placement and retail offer
NZ dollar dips from 13-day high as US holiday keeps markets quiet