The Virgin Islands affiliate of LIME can continue with its judicial review claim against the Telecommunications Regulatory Commission’s 2012 decision to fine it for allegedly anti-competitive behaviour, a judge ruled recently.
Justice Vicki Ann Ellis ruled against the regulator’s request to have LIME’s judicial review application disallowed.
The TRC attempted the legal manoeuvre after LIME allegedly failed to make “full and frank disclosure” of the arguments it plans to mount during the upcoming judicial review hearing.
The omissions had prevented the TRC from planning its legal defence, its lawyers told the court, and as a result LIME should have been “deprived of the advantage” of judicial review.
In response, LIME’s attorneys argued that the TRC did not demonstrate that the company had made “deliberate nondisclosure or a deliberate attempt to mislead the court in any way,” according to the judgment.
See the Aug. 29, 2013 edition for full coverage.
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