Internet service provider (ISP) DOTCO was dealt a blow today when the Cape High Court rejected its interlocutory application for Telkom to reveal certain contracts it has with other ISPs.
No reasons were given by the presiding judge John Foxcroft after hearing arguments by the lawyers on behalf of DOTCO and Telkom yesterday.
The high court case is about whether Telkom is contractually entitled to introduce the new usage-based billing. DOTCO is arguing that Telkom was not entitled to introduce its new usage-based billing model that it activated on 1 November.
"The interlocutory application was dismissed with costs," says Telkom`s legal representative Stephen Duffet of law firm De Klerk & Van Gend, which instructed advocate Jeremy Muller SC.
However, DOTCO`s legal representative Brendan Hughes of Michalsons Attorneys believes the ruling doesn`t preclude DOTCO from asking the court to order the production of other ISP agreements during the main hearing in March.
"Because no reason was given for the judgment at this time, it can mean the court has reserved its right to exercise its discretion in ordering the production of the documents during the main hearing after it has heard evidence from both parties," Hughes says.
During the hearing Hughes delivered instruction to advocate Matthew Blumberg.
Discriminatory billing
DOTCO has also filed a complaint (supported by another Cape Town ISP, Web Africa), with the Independent Communications Authority of SA, citing changes to the Telkom ADSL billing charges that discriminate against all non-Telkom authenticated ISPs.
This is a separate matter and is about Telkom`s contractual entitlement to increase its prices and billing model.
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Telkom, DOTCO slang it out
DOTCO wins temporary interdict
ISPA challenges Telkom`s ADSL cap
DOTCO wants to stop Telkom
Telkom`s ADSL taken to ICASA again
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