Green v Kim Koon (MC 15/2018) [2018] SCSC 8147 (9 April 2018)

Green v Kim Koon (MC 15/2018) [2018] SCSC 8147 (9 April 2018)

The petitioner has demonstrated sufficient interest and good faith, and the issues raised disclose an arguable case. Leave to proceed with the application for judicial review is granted.

Citation
[2018] SCSC 8147
Parties
Petitioner: Michael Green; Respondent: Daniel Kim Koon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 April 2018
Case Number
MC 15/2018
Procedural Posture
Judicial Review Application / Leave to Proceed With Application
Outcome
Leave to proceed with application for judicial review granted
Legal Topics
Judicial Review, Supervisory Jurisdiction, Procedural Fairness, Right to Be Heard
Source Language
English
Administrative Law Judicial Review Supervisory Jurisdiction Procedural Fairness Right to Be Heard

Case Brief

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Parties

Michael Green

Petitioner

Daniel Kim Koon

Respondent

Procedural Posture

Judicial Review Application / Leave to Proceed With Application

Legal Issues

  1. 1 Whether the petitioner has sufficient interest in the subject matter
  2. 2 Whether the petition is made in good faith
  3. 3 Whether there is an arguable case for judicial review

Ratio Decidendi

The petitioner has demonstrated sufficient interest and good faith, and the issues raised disclose an arguable case. Leave to proceed with the application for judicial review is granted.

Court Disposition

Leave to proceed with application for judicial review granted

Orders

  • Registrar to serve on the respondent a copy of the petition, affidavits, and documents
  • Rent Board to forward the record of proceedings in RB23/2013 to the Supreme Court Registry by 23rd April, 2018