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:
NZ dollar gains as RBNZ lifts rates, sees faster economic growth
Deloitte says Hawke’s Bay council’s Ruataniwha scheme assumptions are ‘reasonable’
UPDATE Southern Cross Forest attracts foreign, local interest, receiver says
Southern Cross Forest receiver to close sawmill, wind up Australian business
Brownlee takes hard-hitting rebuild report on the chin
CORRECT Chorus faces up to $10 mln earnings hit in 2014 from latest regulator pricing decision
FMA investigates whether banks breached financial markets laws on interest rate swaps to farmers
Chorus faces up to $10 mln earnings hit in 2014 from latest regulator pricing decision
Abano mulls rebel shareholder request for meeting, affirms support for Janes
Wheeler hikes OCR to 3 percent on inflationary pressures, eyes kiwi influence on import prices