JK Limited -v- Minister for Planning [2011] JRC 173B (31 August 2011)

JK Limited -v- Minister for Planning [2011] JRC 173B (31 August 2011)

There is no sufficient evidence to establish a prima facie case of misconduct by the respondent or others; therefore, the application for disclosure and for the respondent to personally file an affidavit or be available for cross-examination is refused. However, a further affidavit explaining the processing of the application and reasons for delay, with supporting documents, must be filed by the respondent or someone on his behalf.

Citation
[2011] JRC 173B
Parties
Appellant: JK Ltd; Respondent: Minister for Planning
Jurisdiction
Jersey
Judgment Date
31 August 2011
Procedural Posture
Planning Appeal / Application for Directions Prior to Substantive Appeal Hearing
Outcome
Application for directions largely refused; limited further affidavit ordered; hearing date vacated.
Legal Topics
Planning Appeals, Disclosure, Affidavit Requirements, Cross Examination, Public Duty, Procedural Fairness
Administrative Law Planning Law Planning Appeals Disclosure Affidavit Requirements Cross Examination Public Duty Procedural Fairness

Case Brief

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Parties

JK Ltd

Appellant

Minister for Planning

Respondent

Procedural Posture

Planning Appeal / Application for Directions Prior to Substantive Appeal Hearing

Legal Issues

  1. 1 Whether the respondent must personally file an affidavit and be available for cross-examination
  2. 2 Whether the appellant is entitled to disclosure of all relevant material and files
  3. 3 Whether expert evidence should be permitted

Ratio Decidendi

There is no sufficient evidence to establish a prima facie case of misconduct by the respondent or others; therefore, the application for disclosure and for the respondent to personally file an affidavit or be available for cross-examination is refused. However, a further affidavit explaining the processing of the application and reasons for delay, with supporting documents, must be filed by the respondent or someone on his behalf.

Court Disposition

Application for directions largely refused; limited further affidavit ordered; hearing date vacated.

Orders

  • Respondent or someone on his behalf to file an affidavit within 14 days explaining in detail the processing of the application and reasons for delay, with all relevant documentary evidence exhibited.
  • Application for respondent to personally file affidavit or for full disclosure as sought is refused.