1998/114 - Greffier of the States v Les Pas Holdings Ltd [1998] UR 114 (4 June 1998)

1998/114 - Greffier of the States v Les Pas Holdings Ltd [1998] UR 114 (4 June 1998)

Leave to appeal and a stay were granted because serious issues were at stake and the Company should be permitted to consider whether it has grounds for appeal once the Royal Court's reasons are delivered, despite having had ample opportunity to prepare its challenge.

Source-derived case information.

Citation
[1998] UR 114
Parties
Applicant: The Greffier of the States; Landowner: Les Pas Holdings Ltd; Intervener: The Waterfront Enterprise Board
Jurisdiction
Jersey
Judgment Date
04 June 1998
Procedural Posture
Application for Leave to Appeal and Stay / Single Judge of the Court of Appeal Ruling on Application for Leave to Appeal and Stay
Outcome
Leave to appeal granted; stay of proceedings ordered pending delivery of reasons by the Royal Court.
Legal Topics
Compulsory Purchase, Vesting Order, Adjournment, Judicial Review, Case Management
Administrative Law Property Law Compulsory Purchase Vesting Order Adjournment Judicial Review Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Greffier of the States

Applicant

Les Pas Holdings Ltd

Landowner

The Waterfront Enterprise Board

Intervener

Procedural Posture

Application for Leave to Appeal and Stay / Single Judge of the Court of Appeal Ruling on Application for Leave to Appeal and Stay

Legal Issues

  1. 1 Whether leave to appeal should be granted against the Royal Court's order to proceed with the vesting order hearing
  2. 2 Whether a stay should be granted pending delivery of reasons for refusal of adjournment

Ratio Decidendi

Leave to appeal and a stay were granted because serious issues were at stake and the Company should be permitted to consider whether it has grounds for appeal once the Royal Court's reasons are delivered, despite having had ample opportunity to prepare its challenge.

Court Disposition

Leave to appeal granted; stay of proceedings ordered pending delivery of reasons by the Royal Court.

Orders

  • Leave to appeal against the order that the hearing proceed at 9.00am granted.
  • Stay of the hearing ordered pending delivery of the Royal Court's reasons for refusing adjournment.