Ruette Pinel Farm -v- Minister for Planning [2012] JRC 008A (06 January 2012)

Ruette Pinel Farm -v- Minister for Planning [2012] JRC 008A (06 January 2012)

Indemnity costs are awarded against the Minister due to serious criticism of the Minister's and Department's processes, which made an appeal inevitable and justified the Court's displeasure.

Citation
[2012] JRC 008A
Parties
Appellant: Appellant; Respondent: Minister for Planning
Jurisdiction
Jersey
Judgment Date
06 January 2012
Procedural Posture
Appeal / Costs Order
Outcome
Indemnity costs awarded against the Minister for Planning for the entirety of the process.
Legal Topics
Costs, Indemnity Costs, Public Authority Conduct
Administrative Law Civil Procedure Costs Indemnity Costs Public Authority Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Minister for Planning

Respondent

Procedural Posture

Appeal / Costs Order

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the Minister for Planning
  2. 2 Whether the Minister's conduct in the decision-making process justifies an order for indemnity costs

Ratio Decidendi

Indemnity costs are awarded against the Minister due to serious criticism of the Minister's and Department's processes, which made an appeal inevitable and justified the Court's displeasure.

Court Disposition

Indemnity costs awarded against the Minister for Planning for the entirety of the process.

Orders

  • The Minister for Planning is to pay the appellant's costs on an indemnity basis.