Ansell Roofing Limited v States of Jersey Economic [2003] JRC 226 (04 December 2003)

Ansell Roofing Limited v States of Jersey Economic [2003] JRC 226 (04 December 2003)

The Committee's decision that Mr Boyne was not resident in Jersey for the whole of the past five consecutive years was not unreasonable, given his extended absences. The court cannot substitute its own view unless the decision was unreasonable, not merely mistaken.

Source-derived case information.

Citation
[2003] JRC 226
Parties
Appellant: Mr Andrew John Longford; Appellant: Mr Arthur Boyne; Respondent: Economic Development Committee
Jurisdiction
Jersey
Judgment Date
04 December 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Residence Qualification, Licensing of Undertakings, Reasonableness of Administrative Decisions
Administrative Law Business Regulation Residence Qualification Licensing of Undertakings Reasonableness of Administrative Decisions

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Parties

Mr Andrew John Longford

Appellant

Mr Arthur Boyne

Appellant

Economic Development Committee

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Committee's refusal to grant consent for a new undertaking was unreasonable due to its finding that Mr Boyne was not resident in Jersey for the preceding five years.

Ratio Decidendi

The Committee's decision that Mr Boyne was not resident in Jersey for the whole of the past five consecutive years was not unreasonable, given his extended absences. The court cannot substitute its own view unless the decision was unreasonable, not merely mistaken.

Court Disposition

appeal dismissed