1999/29 - Planning v Lesquende [1999] UR 29 (9 February 1999)

1999/29 - Planning v Lesquende [1999] UR 29 (9 February 1999)

It is unjust for the defendant to retain the sum paid under an arbitration award that has been quashed, especially where the defendant itself sought to set aside the award. The Court finds no sufficient prospect of success on appeal and exercises its discretion to refuse a stay of execution.

Source-derived case information.

Citation
[1999] UR 29
Parties
Plaintiff: Planning and Environment Committee; Defendant: Lesquende Limited
Jurisdiction
Jersey
Judgment Date
09 February 1999
Procedural Posture
Civil / Application for Stay Pending Appeal
Outcome
application for stay refused
Legal Topics
Stay of Execution, Summary Judgment, Restitution, Judicial Review, Arbitration Award, Compulsory Acquisition
Compulsory Purchase Arbitration Civil Procedure Stay of Execution Summary Judgment Restitution Judicial Review Arbitration Award +1 more

Source-derived case record

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 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Planning and Environment Committee

Plaintiff

Lesquende Limited

Defendant

Procedural Posture

Civil / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal against summary judgment for restitution of a quashed arbitration award
  2. 2 Whether the defendant is entitled to retain the sum paid under a quashed award

Ratio Decidendi

It is unjust for the defendant to retain the sum paid under an arbitration award that has been quashed, especially where the defendant itself sought to set aside the award. The Court finds no sufficient prospect of success on appeal and exercises its discretion to refuse a stay of execution.

Court Disposition

application for stay refused

Orders

  • Stay of execution pending appeal is refused.