(Jamaica Gleaner) ADS Global Limited, the company that operated Fly Jamaica’s call centre five years ago, is appealing the US$4.2 million awarded to the airline in December for breach of contract.
The judgment was handed down in the Commercial Division of the Supreme Court in December.
Attorney-at-law Kent Gammon, who represents ADS Global, believes the evidence presented by Fly Jamaica was inconsistent and insufficient.
“How can you say we must then pay US$4.2 million when the airline wasn’t even in operation for eight months?” he questioned.
“How they can even come up with that figure is beyond me.”
Fly Jamaica was founded in 2011 and used ADS’ call centre from 2012 to 2014.
Gammon said the assessment of damages was completely unlinked to any real losses that the airline could prove.
Fly Jamaica initially brought the suit against ADS Global, claiming that the call centre acted unlawfully by closing its operation without giving proper notice to the airline.
The call centre was closed because Fly Jamaica had failed to pay its required fees.
But during the hearing, Fly Jamaica’s attorney Stacey Knight said, to make matters worse, ADS who acted as a middleman between the airline and the telephone company, directed Columbus Communications Limited, which was then traded as LIME, to disconnect the airline’s telephone and Internet services.
Justice Carol Edwards ruled in favour of Fly Jamaica stating that ADS breached contract based of proof of invoices provided which outlined that the airline was up to date on its telephone and Internet services.
Gammon, is however, arguing that the contracts were treated as one so all the services were suspended together.
“When you have an Internet, cable and phone package with Flow and you don’t pay the bill, do they just suspend the Internet or everything? They are going to discontinue the entire package,” Gammon told The Gleaner.
