De Gruchy v Planning and Environment [2001] JRC 81A (04 April 2001)

De Gruchy v Planning and Environment [2001] JRC 81A (04 April 2001)

The court granted the extension of time to the Respondent based on the overriding principle that justice must be done, finding that the Appellants' prejudice could be compensated by costs and that all material should be before the court for proper adjudication.

Citation
[2001] JRC 81A
Parties
Applicant: Appellants; Respondent: Respondent Committee
Jurisdiction
Jersey
Judgment Date
04 April 2001
Procedural Posture
Administrative Appeal / Interlocutory Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Procedural Default, Administrative Appeals
Civil Procedure Extension of Time Procedural Default Administrative Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Applicant

Respondent Committee

Respondent

Procedural Posture

Administrative Appeal / Interlocutory Application for Extension of Time

Legal Issues

  1. 1 Whether the Respondent should be granted leave to file its case out of time
  2. 2 Appropriate principles for extension of time under Royal Court Rules

Ratio Decidendi

The court granted the extension of time to the Respondent based on the overriding principle that justice must be done, finding that the Appellants' prejudice could be compensated by costs and that all material should be before the court for proper adjudication.

Court Disposition

application granted

Orders

  • Leave granted to Respondent to file its case out of time.
  • Respondent to pay Appellants' costs on the indemnity basis.