De Gruchy v Housing Cttee. [1985] JLR 130 (30 October 1985)

De Gruchy v Housing Cttee. [1985] JLR 130 (30 October 1985)

The Housing Committee is entitled to look behind an application to purchase accommodation to determine if it forms part of a scheme designed to avoid the prohibition of sale to a non-qualified person, and such a scheme may amount to an offence under the Housing (Jersey) Law, 1949, art. 14(1)(d), even if one component is not legally enforceable but intended by the parties to be implemented.

Citation
[1985] JLR 130
Parties
Applicant: De Gruchy; Respondent: Housing Committee
Jurisdiction
Jersey
Judgment Date
30 October 1985
Procedural Posture
Civil / Judgment
Outcome
application dismissed
Legal Topics
Purchase of Accommodation, Avoidance of Statutory Prohibition, Scheme to Circumvent Housing Restrictions
Housing Law Public Law Purchase of Accommodation Avoidance of Statutory Prohibition Scheme to Circumvent Housing Restrictions

Case Brief

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Parties

De Gruchy

Applicant

Housing Committee

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Housing Committee may look behind an application to purchase accommodation to determine if it is part of a scheme to avoid the prohibition of sale to a non-qualified person under the Housing (Jersey) Law, 1949, art. 14(1)(d)
  2. 2 Whether a scheme may amount to an offence even if one component is not legally enforceable but intended by the parties to be implemented

Ratio Decidendi

The Housing Committee is entitled to look behind an application to purchase accommodation to determine if it forms part of a scheme designed to avoid the prohibition of sale to a non-qualified person, and such a scheme may amount to an offence under the Housing (Jersey) Law, 1949, art. 14(1)(d), even if one component is not legally enforceable but intended by the parties to be implemented.

Court Disposition

application dismissed