Two failed applicants to the 1995 mobile phone licence competition appeared before the Supreme Court today as part of a case where they are appealing a decision of the High Court in 2007 to strike out their claims.
The two entities taking the case are Persona and Comcast. Persona is owned by Dublin businessmen Tony Boyle and Michael McGinley. Comcast is associated with Galway-based Declan Ganley.
Comcast was part of a consortium called Cellstar which came last of out of the six bids for the competition, while Persona came second. Motorola was part of the Persona consortium but is no longer associated with it.
The two entities initiated cases some years ago seeking damages from the State but their cases were struck out by Mr Justice Gilligan in the High Court in 2007, after the State sought that they be struck out for reasons of delay.
The hearing heard that the two entities were awaiting the report of the Moriarty tribunal. That report was issued this week.
Persona and Comcast are both appealing Mr Justice Gilligan's decision and today the Chief Justice, Mr Justice John Murray, ruled that they must file their submissions within four weeks in the case.
He told John O'Donnell SC, for the State, that the State should then respond within four weeks.
It was only then, when submissions had been lodged, that a party could seek to have the case heard as a matter of priority.
However the Chief Justice mentioned that the caseload of the court was onerous and that there were already many priority cases on the court's list.
Paul Sreenan SC appeared for Comcast and Mr Ganley while Breffni Gordon appeared for Persona, Mr Boyle and Mr McGinley.
