HC Carpenters -v- Crionne [2011] JRC 043 (21 February 2011)

HC Carpenters -v- Crionne [2011] JRC 043 (21 February 2011)

The Magistrate, having seen and heard the witnesses, was entitled to prefer the plaintiff's evidence that the approved plans were supplied at the meeting. The contract was for windows not approved by Planning and was therefore illegal or vitiated by mistake. The appellate court found no grounds to overturn the Magistrate's factual findings and dismissed the appeal.

Citation
[2011] JRC 043
Parties
Respondent/plaintiff: John Farley (Maison de la Carrière, St Ouen); Appellant/defendant: Paul Horgan (Joinery Company)
Jurisdiction
Jersey
Judgment Date
21 February 2011
Procedural Posture
Civil Appeal / Appeal From Petty Debts Court Judgment
Outcome
appeal dismissed
Legal Topics
Illegality of Contract, Mistake (erreur), Enforcement of Contract, Return of Deposit, Findings of Fact, Appellate Review
Contract Law Planning Law Illegality of Contract Mistake (erreur) Enforcement of Contract Return of Deposit Findings of Fact Appellate Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Farley (Maison de la Carrière, St Ouen)

Respondent/plaintiff

Paul Horgan (Joinery Company)

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Petty Debts Court Judgment

Legal Issues

  1. 1 Whether the contract for supply of windows was illegal and unenforceable
  2. 2 Whether the contract was vitiated by mistake (erreur)
  3. 3 Whether the Magistrate's finding of fact regarding supply of approved plans was correct

Ratio Decidendi

The Magistrate, having seen and heard the witnesses, was entitled to prefer the plaintiff's evidence that the approved plans were supplied at the meeting. The contract was for windows not approved by Planning and was therefore illegal or vitiated by mistake. The appellate court found no grounds to overturn the Magistrate's factual findings and dismissed the appeal.

Court Disposition

appeal dismissed

Orders

  • Judgment in the sum of £3,582.63 in favour of the respondent stands
  • No order as to costs