Gotel Communications Ltd & Index Communications Network Ltd V Cable and Wireless (Ja) Ltd.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

HCV 02006 OF 2006

BETWEEN GOTEL COMMUNICATIONS LIMITED FIRST CLAIMANT

AND INDEX COMMUNICATIONS SECOND CLAIMANT

NETWORK LIMITED

AND CABLE AND WIRELESS DEFENDANT

(JAMAICA) LIMITED

C IN CHAMBERS

Miss Gillian Mullings instructed by Patrick Bailey and Company for both claimants

Miss Hilary Phillips Q.C. and Mrs Denise Kitson instructed by Grant, Stewart, Phillips

& Company for the defendant

JUNE 20 and June 30,2006

APPLICATION TO DISCHARGE EX PARTE INJUNCTION

SYKES 3

1. On an ex parte application Straw J. on June 7, 2006, granted the claimants, Index

Communications Network Limited and Gotel Communications Limited (collectively referred

to as Gotel) an injunction against the defendant, Cable and Wireless (Jamaica) Limited C ("C&W1') in the following terms:

a. The defendant, its servants and/or agents is prohibited from blocking any and/or

all calls originating from the Claimants' telephone network until the 3oth June

2006.

b. This matter is set for the 3oth day of June at 11:30 a.m., or as soon thereafter as

Counsel may be heard, for further consideration.

c. The claimant gives the usual undertaking as to damages.

2. C & W sought to set aside the injunction, also by an ex parte application on Friday, June

16, 2006. C & W alleged that there were very serious and material omissions. I set the

matter down for an inter partes hearing on June 20, 2006, with directions that the claimants