High Court dismisses Motorola attempt to strike out Imagine WiMax case

3 Oct 2012

Mr Justice Brian McGovern yesterday dismissed Motorola’s bid to shelve a case against it by Imagine Communications Group over the delivery of an end-to-end WiMax broadband network across Ireland.

IBB Internet Services Ltd, Irish Broadband Internet Services Ltd and Imagine Communications is suing Motorola over an alleged breach of contract.

According to RTÉ, Motorola rejected the allegations against it and claims to have abided by its contract.

Motorola wanted the claims by Imagine dismissed because the company, it claims, failed to comply with a court order made by Mr Justice Frank Clarke last November to provide particulars of losses claimed by Imagine.

Motorola wanted the proceedings struck out, claiming they were an abuse of process and bound to fail.

McGovern ruled they weren’t an abuse of process.

Imagine says it contracted Motorola in 2009 to provide an end-to-end network nationwide using WiMax technology but claims Motorola failed to meet contractual obligations, resulting in significant losses for the company.

John Kennedy is a journalist who served as editor of Silicon Republic for 17 years