Tett v States [1972] JJ 2249 (20 July 1972)
- Citation
- [1972] JJ 2249
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Rent Control Application / Review of Rent Determination
More details
- Posture
- Rent Control Application / Review of Rent Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Failure to give notice of a change of circumstances is a fundamental breach of natural justice, nullifying the determination of the application.
Court disposition
determination of application nullified
Orders
- Application determination set aside due to breach of natural justice
02
Material facts
Parties
Tett
ApplicantStates
Respondent03
Procedural history
Posture
Rent Control Application / Review of Rent Determination
04
Questions and positions
Legal issues
- 01
Whether a change of circumstances justifies a review of rent by the Rent Control Tribunal
- 02
Whether failure to give notice of change of circumstances constitutes a breach of natural justice
Party arguments
- Applicant
- Applicant sought a review of rent based on an alleged change of circumstances.
- Respondent
- Respondent argued that failure to give notice of the change of circumstances denied them a fair opportunity to be heard.
05
Court’s reasoning
Legal principles
- 01
principle of natural justice
A party must be given notice of a change of circumstances to ensure a fair hearing.
06
Ratio, limits and disposition
Ratio decidendi
Failure to give notice of a change of circumstances is a fundamental breach of natural justice, nullifying the determination of the application.
Court disposition
determination of application nullified
- Application determination set aside due to breach of natural justice
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 >> Tett v States [1972] JJ 2249 (20 July 1972) URL: https://www.bailii.org/je/cases/JLR/1972/JLR722249.html Cite as: [1972] JJ 2249 [ New search ] [ Help ] Tett v States 1972 J. J. 2249 (20 July 1972) Housing-rent control-Rent Control Tribunal-change of circumstances-required to justify application for review of rent-failure to give notice of change of circumstances denies other party opportunity to be heard properly on determination of application-fundamental breach of natural justice nullifying determination of application 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: 1972 J. J. 2249 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1972/JLR722249.html
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