Pinel v Housing Cttee. [1970] JJ 1545 (01 October 1970)

Pinel v Housing Cttee. [1970] JJ 1545 (01 October 1970)

Auction prices do not inherently justify higher housing consent prices; Committee is entitled to control prices and indicate maximum acceptable price.

Citation
[1970] JJ 1545
Parties
Applicant: Pinel; Respondent: Housing Committee
Jurisdiction
Jersey
Judgment Date
01 October 1970
Procedural Posture
Housing Application / Judgment
Outcome
Application for housing consent rejected
Legal Topics
Housing Consent, Undue Increase in Price, Auction Price Vs Private Treaty

Case Brief

Summary, issues, holding and outcome

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Parties

Pinel

Applicant

Housing Committee

Respondent

Procedural Posture

Housing Application / Judgment

  1. 1 Whether auction price carries more weight than private treaty price in housing consent applications
  2. 2 Whether competitive auction forces justify Committee's price control
  3. 3 Legitimacy of Committee indicating maximum acceptable price

Ratio Decidendi

Auction prices do not inherently justify higher housing consent prices; Committee is entitled to control prices and indicate maximum acceptable price.

Court Disposition

Application for housing consent rejected

Orders

  • Committee may indicate highest price to which it would be prepared to consent