SPEEDNET – the parent company for SMART phone service today got an interim injunction against BTL in the Supreme Court today. It means that at least until Thursday when the matter is argued before the Chief Justice BTL can’t touch SMART’s equipment which is housed at BTL facilities.
The timing is important because 90 days ago BTL gave SMART notice that it would be moving some of its antennae which sit on BTL towers to a lower spot on the towers. It would mean less coverage for SMART but BTL also argues that the height they were going to be moved to is the precise height that’s stated in the agreement. That notice expired today but now BTL is barred by the injunction from moving nay of those antennae – or for that matter doing anything that involves SMART’s equipment.
The Chief Justice responded favourably to SMART’s concern that 90,000 consumers stand to be affected. Eamon Courtenay and Andrew Marshalleck – appeared for SMART while Lois Young and Deanne Barrow were present for BTL.