Thailand Legal and Business News: September 2010

Supreme Court Opinions

GROUNDS FOR DIVORCE
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

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Thai Court Upholds Halt on 3G Auction

23 September 2010

On Thursday, September 23rd, the Thai Supreme Administrative Court ruled to suspend the bidding process for third generation (3G) licenses in Thailand. This ruling will cause further delays to enabling Thailand to join the wave of other Asian countries with access to 3G technology, which provides much faster internet upload and download speeds.

A lower court originally granted an injunction against the bidding process, on grounds that the organizer of the 3G auction, the National Telecommunications Commission, did not have the authority to put the licenses up for bidding. Stating that its interests would be damaged, state-run CAT Telecoms Plc. appealed to the Central Administrative Court to block the auction. CAT Telecoms said it had concerns that the sale of licenses to private firms would allow 3G customers to use the 2G network that CAT Telecoms provides to its clients, however, the fees wouldn’t be going to CAT Telecoms, they would be going to the 3G provider, instead.

In effect, the lower court ruled that a new body, the National Broadcasting and Telecommunications Commission (NBTC), must be formed first before the auction can take place. This new governing body would be in line with the 2007 constitution, re-written after the coup in 2006. The Supreme Court agreed in its ruling on Thursday, and the auction will be frozen until progress is made towards the formation of the NBTC.

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