Sauvage v Ag. & Fish. Cttee. [1991] JLR 60 (01 May 1991)
- Citation
- [1991] JLR 60
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Administrative Law / Judgment
More details
- Posture
- Administrative Law / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
There is no bad faith in revoking a licence for a commercial piggery even if it injures private interests, provided the decision is taken in the public interest for reasons of hygiene.
Court disposition
application dismissed
02
Material facts
Parties
Sauvage
ApplicantAgriculture & Fisheries Committee
Respondent03
Procedural history
Posture
Administrative Law / Judgment
04
Questions and positions
Legal issues
Whether revocation of a commercial piggery licence constituted administrative malfeasance or bad faith
Party arguments
- Applicant
- Revocation of the licence was done in bad faith and injured private interests.
- Respondent
- Revocation was in the public interest for reasons of hygiene, not motivated by malice or improper reasons.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports 1991 JLR 60
Bad faith in administrative law has a subjective meaning equivalent to malice, i.e., personal spite or desire to injure for improper reasons.
06
Ratio, limits and disposition
Ratio decidendi
There is no bad faith in revoking a licence for a commercial piggery even if it injures private interests, provided the decision is taken in the public interest for reasons of hygiene.
Court disposition
application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Sauvage v Ag. & Fish. Cttee. [1991] JLR 60 (01 May 1991) URL: https://www.bailii.org/je/cases/JLR/1991/JLR910060.html Cite as: [1991] JLR 60 [ New search ] [ Help ] Sauvage v Ag. & Fish. Cttee. 1991 JLR 60 (01 May 1991) Administrative Law - administrative malfeasance - bad faith - has subjective meaning equivalent to malice, i.e. personal spite or desire to injure for improper reasons-no bad faith in revoking licence for commercial piggery even if injures private interests if decision taken in public interest for reasons of hygiene The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1991 JLR 60 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1991/JLR910060.html
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