Harcourt -v- States of Jersey Development [2012] JRC 186 (15 October 2012)

Harcourt -v- States of Jersey Development [2012] JRC 186 (15 October 2012)

The Order of Justice, as currently pleaded, discloses no reasonable cause of action against the Minister in contract, tort, or unjust enrichment. The Minister is not a party to the contract, no facts are pleaded to establish a duty of care, and no proper basis for unjust enrichment is set out. However, the plaintiffs are given an opportunity to amend the pleading to attempt to disclose an arguable cause of action.

Citation
[2012] JRC 186
Parties
Plaintiff: Harcourt; Plaintiff: Second to Fifth Plaintiffs (subsidiaries of Harcourt); First Defendant: Waterfront Enterprise Board Limited (WEB); Second Defendant: Minister (Second Defendant)
Jurisdiction
Jersey
Judgment Date
15 October 2012
Procedural Posture
Strike Out Application / Interlocutory
Outcome
Application to strike out adjourned; leave to amend granted
Legal Topics
Strike Out Application, Breach of Contract, Duty of Care, Unjust Enrichment, Pleading Amendment
Contract Law Tort Law Civil Procedure Strike Out Application Breach of Contract Duty of Care Unjust Enrichment Pleading Amendment

Case Brief

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Parties

Harcourt

Plaintiff

Second to Fifth Plaintiffs (subsidiaries of Harcourt)

Plaintiff

Waterfront Enterprise Board Limited (WEB)

First Defendant

Minister (Second Defendant)

Second Defendant

Procedural Posture

Strike Out Application / Interlocutory

Legal Issues

  1. 1 Whether the Order of Justice discloses a reasonable cause of action against the Minister in contract, tort, or unjust enrichment
  2. 2 Whether the Minister is a party to the contract or owes a duty of care in tort
  3. 3 Whether the pleading can be amended to disclose a reasonable cause of action

Ratio Decidendi

The Order of Justice, as currently pleaded, discloses no reasonable cause of action against the Minister in contract, tort, or unjust enrichment. The Minister is not a party to the contract, no facts are pleaded to establish a duty of care, and no proper basis for unjust enrichment is set out. However, the plaintiffs are given an opportunity to amend the pleading to attempt to disclose an arguable cause of action.

Court Disposition

Application to strike out adjourned; leave to amend granted

Orders

  • Plaintiffs to file application to amend Order of Justice within one month
  • Plaintiffs to pay costs of the summons to date on the standard basis