Tue | Sep 29, 2020

Privy Council dismisses Symbiote's appeal request

Published:Thursday | August 13, 2020 | 12:23 PM
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The Privy Council has refused an application from Symbiote Investments Limited, which trades as Caricel, to seek permission to bring an appeal against a Court of Appeal ruling on the revocation of its telecommunications licences.

In a media release today, the Office of Utilities Regulation (OUR) said the decision was handed down on July 21, effectively ending the legal battle that has been in the courts since 2018.

Symbiote had applied to the Supreme Court in 2018 for leave to seek judicial review of the Minister of Science, Energy and Technology’s decision to revoke six licences that were previously issued to the company under the Telecommunications Act, on the advice of the OUR.

The OUR, in its capacity as regulator, joined the suit as an interested party.

The Supreme Court denied Symbiote’s application for leave.

Symbiote subsequently applied to the Court of Appeal seeking permission to appeal and for an injunction to stay the Minister’s decision pending the outcome of the matter.

The appeal was unsuccessful and the Court of Appeal refused to grant the injunction.

In doing so, the court also set aside an order granting Symbiote permission to appeal the Supreme Court’s decision.

Symbiote subsequently sought permission from the Court of Appeal to go to the Privy Council.

In September 2019, the Court of Appeal refused Symbiote’s application for leave to appeal to the Privy Council and awarded costs to the Minister and the OUR.

Symbiote then applied directly to the Privy Council for special leave to appeal the matter.

That application was refused and Symbiote was ordered to pay legal costs.

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