Re Cable and Wireless Ja. Ltd

• Jurisdiction: Jamaica
• Court: Supreme Court (Jamaica)
• Judge: WOLFE C.J. , ELLIS J. , SMITH J.
• Judgment Date: 16 December 1999
• Judgment citation (vLex): [1999] 12 JJC 1601
• Date: 16 December 1999

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN MISCELLANEOUS

BEFORE:

THE HON. CHIEF JUSTICE THE HON. MR. JUSTICE ELLIS THE HON. MR. JUSTICE SMITH

IN THE MATTER of an Application by CABLE AND WIRELESS JAMAICA LIMITED for leave to apply for Orders of CERTIORARI AND PROHIBITION

AND

IN THE MATTER of a decision by the Minister of Commerce and Technology made on or about the 16th day of June 1998 and on divers dates not yet known to the Applicant granting licences for operation of Radio and Telegraph stations for the purposes of wireless telecommunications under the Radio and Telegraph Control Act.

JUDICIAL REVIEW - Licences to operate radio and telegraph stations - Order for certiorari to quash decision - Whether the grant of licences subject to judicial review - Telegraph Control Act

WOLFE C.J

1 By an order of Langrin J., as he then was, dated September 15, 1999 the Applicant was granted leave to apply for Orders of Certiorari and Prohibition to remove into the Honourable Court and to quash the decision of the Minister of Commerce and Technology made on or about the 16th day of June, 1998, 27th February, 1998, 6th May 1998 and 16th May 1998, granting licences for the operation of Radio and Telegraph Stations for the purposes of international wireless telecommunications under the Radio and Telegraph Control Act, and to prohibit the issue of any other such licences.

2 The Grounds upon which the relief was sought are as set out below:-

• 1. The Minister of Commerce and Technology in granting the said licences has acted in abuse of the statutory discretion under the Radio and Telegraphic Control Act.

• 2. In granting the said licences the Minister has denied the Applicant an opportunity to be heard in respect of a material interference with the Applicant's property rights.

• 3. The grant of the said licences constitutes a denial of the Applicant's legitimate expectations under the licence previously granted to it by the said Minister.

• 4. The Minister of Commerce and Technology in granting the said licences has acted ultra vires in that the Minister had no power to grant any licence without complying with the terms of the Applicant's licence.

3 It is crystal clear from the grounds, that the Applicant's complaint is that the Minister acted improperly. There is absolutely no allegation against any of the Third Parties.

4 It was pointed out earlier, the Applicant's case was a challenge to the...