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Sri Lanka's Supreme Court Dismisses WSG Nimbus's Action versus the BCCSL
BCCSL - 10 January 2002

A 3-judge bench of Sri Lanka's Supreme Court, comprising Justices D.P.S. Gunasekera, Ameer Ismail and J.A.N. Silva, on Thursday dismissed an application by WSG Nimbus Pte Ltd., seeking to canvass the Order made by the Commercial High Court.

The BCCSL, in the Commercial High Court of the Western Province, had obtained an enjoining order restraining WSG Nimbus from interfering with BCCSL's rights to contract another international broadcaster for international matches played in Sri Lanka.

BCCSL's position was that the Master Rights Agreement with WSG Nimbus had ceased to exist because of delayed payments on the part of WSG Nimbus.

WSG Nimbus's position was that the court had no jurisdiction to entertain the BCCSL's application, as the contract allowed for arbitration in Singapore. This position was refuted by the BCCSL.

Consequent to Commercial High Court judge L.K. Wimalachandra stating that the Commercial High Court had jurisdiction to entertain BCCSL's action, WSG Nimbus withdrew from the case. Thereafter, the BCCSL obtained an Interim Injunction and court also fixed the matter for ex parte trial.

Faiz Mustapha, PC, with Anil Tittawella and Avindra Rodrigo, instructed by F.G. & J. De Saram, appeared for the petitioners, WSG Nimbus Pte Ltd.

The BCCSL was represented by Romesh De Silva, PC, together with Dinal Phillips, and Hiran De Alwis, instructed by Julius & Creasy.

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Teams Sri Lanka.