Cable & Wireless (Seychelles) LTD v Seychelles Licensing Authority (MC20/2016) [2018] SCSC 8162 (14 May 2018)

Cable & Wireless (Seychelles) LTD v Seychelles Licensing Authority (MC20/2016) [2018] SCSC 8162 (14 May 2018)

The application for judicial review was premature as the respondent's decision was still under consideration and no final refusal or grant had been made; thus, the matter lacked justiciability and the petitioner failed to show an arguable case or good faith.

Citation
[2018] SCSC 8162
Parties
Petitioner: Cable & Wireless (Seychelles) Limited; Respondent: Seychelles Licensing Authority
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 May 2018
Case Number
MC20/2016
Procedural Posture
Judicial Review Application / Ruling on Ex Parte Leave to Proceed
Outcome
Leave to proceed with the application for judicial review refused.
Legal Topics
Judicial Review, Leave to Proceed, Licensing, Mandamus
Source Language
English
Administrative Law Judicial Review Leave to Proceed Licensing Mandamus

Case Brief

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Parties

Cable & Wireless (Seychelles) Limited

Petitioner

Seychelles Licensing Authority

Respondent

Procedural Posture

Judicial Review Application / Ruling on Ex Parte Leave to Proceed

Legal Issues

  1. 1 Whether the petitioner has sufficient interest and good faith to be granted leave for judicial review of the respondent's failure to provide a copy of Intelvision Ltd's mobile services license.

Ratio Decidendi

The application for judicial review was premature as the respondent's decision was still under consideration and no final refusal or grant had been made; thus, the matter lacked justiciability and the petitioner failed to show an arguable case or good faith.

Court Disposition

Leave to proceed with the application for judicial review refused.

Orders

  • Leave to proceed with the application for judicial review is refused.