In Re: Ex Parte Tornado Trading & Enterprises Est. (XP 150/2018) [2018] SCSC 8204 (3 July 2018)

In Re: Ex Parte Tornado Trading & Enterprises Est. (XP 150/2018) [2018] SCSC 8204 (3 July 2018)

The application for leave to proceed was denied due to procedural irregularities (failure to join a necessary party, failure to attach a certified copy of the impugned decision) and lack of an arguable issue, thus failing the requirements of sufficient interest, good faith, and compliance with procedural rules.

Citation
[2018] SCSC 8204
Parties
Petitioner: Tornado Trading & Enterprises EST.; First Respondent: Public Utilities Corporation (PUC); Second Respondent: Procurement Review Panel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 July 2018
Case Number
XP 150/2018
Procedural Posture
Judicial Review Application / Ruling on Application for Leave to Proceed
Outcome
Application for leave to proceed denied
Legal Topics
Judicial Review, Leave to Proceed, Procedural Irregularity, Good Faith in Litigation, Non Joinder of Parties
Source Language
English
Administrative Law Public Procurement Judicial Review Leave to Proceed Procedural Irregularity Good Faith in Litigation Non Joinder of Parties

Case Brief

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Parties

Tornado Trading & Enterprises EST.

Petitioner

Public Utilities Corporation (PUC)

First Respondent

Procurement Review Panel

Second Respondent

Procedural Posture

Judicial Review Application / Ruling on Application for Leave to Proceed

Legal Issues

  1. 1 Whether the petitioner satisfied the requirements for leave to proceed with judicial review under the Rules
  2. 2 Whether procedural irregularities (failure to file application for leave, non-joinder of necessary party, failure to attach certified copy of impugned decision) are fatal to the application
  3. 3 Whether the application was made in good faith and raised an arguable issue

Ratio Decidendi

The application for leave to proceed was denied due to procedural irregularities (failure to join a necessary party, failure to attach a certified copy of the impugned decision) and lack of an arguable issue, thus failing the requirements of sufficient interest, good faith, and compliance with procedural rules.

Court Disposition

Application for leave to proceed denied

Orders

  • No order as to costs
  • Interlocutory injunction of 13 June 2018 cancelled and lifted