OpenNet v IDA: Judicial Review of IDA's Decision on NetLink Trust's Compliance with Control and Ownership Requirements
OpenNet Pte Ltd applied to the High Court of Singapore for leave to seek judicial review of the Info-communications Development Authority of Singapore's decision that NetLink Trust met control and ownership requirements. The High Court, presided over by Justice Woo Bih Li, dismissed OpenNet's application on 7 June 2012, finding that OpenNet had not pursued alternative remedies available to it under the Telecommunications Act. OpenNet subsequently filed an appeal to the Court of Appeal.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
OpenNet sought judicial review of IDA's decision regarding NetLink Trust's compliance with control requirements. The court dismissed the application, finding OpenNet failed to pursue alternative remedies.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| OpenNet Pte Ltd | Applicant | Corporation | Application dismissed | Lost | Tan Chee Meng, Melvin Lum, Daniel Chan, Lionel Leo |
| Info-communications Development Authority of Singapore | Respondent | Statutory Board | Application dismissed | Won | Cavinder Bull, Chia Voon Jiet, Lin Shumin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Chee Meng | WongPartnership LLP |
| Melvin Lum | WongPartnership LLP |
| Daniel Chan | WongPartnership LLP |
| Lionel Leo | WongPartnership LLP |
| Cavinder Bull | Drew & Napier LLC |
| Chia Voon Jiet | Drew & Napier LLC |
| Lin Shumin | Drew & Napier LLC |
4. Facts
- OpenNet sought judicial review of IDA's decision that NetLink Trust met control and ownership requirements.
- IDA determined that NetLink Trust and/or CityNet met the Control and Ownership Requirements.
- IDA granted CityNet a Facilities-Based Operating Licence.
- IDA designated CityNet as a Public Telecommunications Licensee.
- OpenNet alleged it was not consulted regarding the formation of AssetCo/NetLink Trust.
- OpenNet had missed the deadline under s 69(1) of the TA to pursue alternative remedies.
5. Formal Citations
- OpenNet Pte Ltd v Info-communications Development Authority of Singapore, Originating Summons No 1099 of 2011, [2012] SGHC 168
6. Timeline
| Date | Event |
|---|---|
| IDA issued a Request for Proposal for a passive network operator. | |
| Consortium submitted its initial bid to IDA. | |
| Consortium submitted a revised bid to IDA. | |
| Singtel submitted a signed deed of undertaking to IDA. | |
| OpenNet became aware that AssetCo was to be established as Netlink Trust. | |
| IDA communicated its decision regarding NetLink Trust to facilities-based operations licensees. | |
| Singtel's solicitors provided documents relating to AssetCo to OpenNet. | |
| OpenNet filed the application. | |
| IDA's first submissions were dated. | |
| The court dismissed the application with costs. | |
| Decision Date | |
| Application in Civil Appeal No 81 of 2012/Q was dismissed by the Court of Appeal. |
7. Legal Issues
- Judicial Review
- Outcome: The court dismissed the application for judicial review.
- Category: Procedural
- Failure to Exhaust Alternative Remedies
- Outcome: The court held that OpenNet had not pursued alternative remedies available to it under the Telecommunications Act.
- Category: Procedural
8. Remedies Sought
- Quashing order against IDA's decision
9. Cause of Actions
- Application for Judicial Review
10. Practice Areas
- Regulatory Law
- Telecommunications Regulation
- Public Law
11. Industries
- Telecommunications
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Info-communications Development Authority of Singapore Act (Cap 137A, 2000 Rev Ed) | Singapore |
| Telecommunications Act (Cap 323, 2000 Rev Ed) | Singapore |
| s 69(1) of the Telecommunications Act | Singapore |
| Postal Services Act (Cap 237A, 2000 Rev Ed) | Singapore |
| Energy Market Authority of Singapore Act (Cap 92B, 2002 Rev Ed) | Singapore |
| Electricity Act (Cap 89A, 2002 Rev Ed) | Singapore |
| Gas Act (Cap 116A, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Review
- Info-communications Development Authority
- NetLink Trust
- Control and Ownership Requirements
- Facilities-Based Operating Licence
- Public Telecommunications Licensee
- Deed of Undertaking
- Neutrality Requirement
- Telecommunications Act
- Alternative Remedies
15.2 Keywords
- Judicial Review
- IDA
- OpenNet
- Telecommunications Act
- FBO Licence
- NetLink Trust
16. Subjects
- Telecommunications
- Regulatory Law
- Administrative Law
17. Areas of Law
- Telecommunications Law
- Administrative Law
- Judicial Review