Mesch v Housing Cttee. [1990] JLR 269 (04 October 1990)

Mesch v Housing Cttee. [1990] JLR 269 (04 October 1990)

The Royal Court's appellate powers under Housing (Jersey) Law, 1949, art. 12(1) are not restricted to judicial review; the court may hear fresh evidence and intervene if the Committee's decision is unreasonable or contrary to justice or common sense.

Source-derived case information.

Citation
[1990] JLR 269
Parties
Applicant: Mesch; Respondent: Housing Committee
Jurisdiction
Jersey
Judgment Date
04 October 1990
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appeal Against Refusal to Purchase Accommodation, Scope of Royal Court's Powers Under Housing (jersey) Law, 1949, Art. 12(1)
Housing Law Administrative Law Appeal Against Refusal to Purchase Accommodation Scope of Royal Court's Powers Under Housing (jersey) Law, 1949, Art. 12(1)

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Summary, issues, holding and outcome

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Parties

Mesch

Applicant

Housing Committee

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Royal Court's powers on appeal under Housing (Jersey) Law, 1949, art. 12(1) are limited to judicial review
  2. 2 Whether the court can hear fresh evidence and intervene in the Committee's decision

Ratio Decidendi

The Royal Court's appellate powers under Housing (Jersey) Law, 1949, art. 12(1) are not restricted to judicial review; the court may hear fresh evidence and intervene if the Committee's decision is unreasonable or contrary to justice or common sense.

Court Disposition

appeal allowed

Orders

  • Royal Court may hear fresh evidence and intervene if Committee's decision is unreasonable or contrary to justice or common sense