By JOSHUA ARLO
THE Supreme Court at Waigani, Port Moresby will hear submissions from the Independent Consumers and Competition Commission (ICCC) today in relation to an appeal instituted by Telikom over the dismissal of its proceedings at a lower court in July.
National Court judge Justice Ambeng Kandakasi dismissed the proceedings last July 5 describing it as an abuse of court process in that the proceedings raised the same issue and sought the same relief.
He also ruled that Telikom did not commence any of its proceedings in the right manner in that it should have launched its proceedings by way of originating summons seeking judicial review of the decision made by ICCC and the Appeals panel.
Telikom was seeking declaratory orders that ICCC may not or purport to grant any licence under the Telecommunications Act, or any other legislation to any person other than Telikom, before Oct 17 this year.
Justice Kandakasi in his decision, upheld the appeals panel’s decision in April that Telikom was in agreement with the variation of the regulatory agreement; despite Telikom arguing to the contrary.
Telikom has taken its case before a three-judge Supreme Court bench of Deputy Chief Justice Salamo Injia, Justice David Cannings and Justice Nicholas Kiriwom in a bid to overturn that decision.