SUPREME COURT:TWO FAILED applicants to the 1995 mobile phone licence competition appeared before the Supreme Court yesterday as part of a case where they are appealing a decision of the High Court in 2007 to strike out their claims.
The 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 businessman Declan Ganley. Comcast was part of a consortium called Cellstar which came last out of the six bids, while Persona came second. Motorola was part of the Persona consortium, but is no longer associated with it.
The two entities initiated cases seeking damages from the State, but their cases were struck out by Mr Justice Paul Gilligan in the High Court in 2007, after the State sought that they be struck out for reasons of delay. The hearing heard the two entities were awaiting the report of the Moriarty tribunal.
Persona and Comcast are appealing Mr Justice Gilligan’s decision, and yesterday the Chief Justice, Mr Justice John Murray, ruled they must file their submissions within four weeks. He told John O’Donnell SC, for the State, that the State should then respond within four weeks.
It was only then, when submissions were lodged, that a party could seek to have the case heard as a matter of priority. However, the Chief Justice mentioned 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.
