Intershore Consult (Pty) Ltd v Govinden (CS 127/2010) [2013] SCSC 79 (6 November 2013)

Intershore Consult (Pty) Ltd v Govinden (CS 127/2010) [2013] SCSC 79 (6 November 2013)

The respondent's decision was neither irrational, illegal, nor ultra vires. The respondent acted within the law, considered all relevant evidence, and did not breach the rules of natural justice. The affidavit by State Counsel was valid due to delegated authority. Judicial review does not concern the merits but the...

Source-derived case information.

Citation
[2013] SCSC 79
Parties
Petitioner: Intershore Consult; Respondent: Samia Govinden
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 November 2013
Case Number
CS 127/2010
Procedural Posture
Judicial Review / Judgment
Outcome
Petition dismissed
Legal Topics
Judicial Review, Mutual Legal Assistance, Natural Justice, Ultra Vires, Irrationality
Source Language
english
Administrative Law Criminal Law Judicial Review Mutual Legal Assistance Natural Justice Ultra Vires Irrationality

Source-derived case record

Summary, issues, holding and outcome

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Parties

Intershore Consult

Petitioner

Samia Govinden

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the respondent's decision to order production of documents was irrational or unreasonable
  2. 2 Whether the respondent's decision was illegal or in breach of natural justice
  3. 3 Whether the respondent acted ultra vires

Ratio Decidendi

The respondent's decision was neither irrational, illegal, nor ultra vires. The respondent acted within the law, considered all relevant evidence, and did not breach the rules of natural justice. The affidavit by State Counsel was valid due to delegated authority. Judicial review does not concern the merits but the legality and rationality of the decision, which were satisfied here.

Court Disposition

Petition dismissed

Orders

  • Writ of certiorari declined
  • No order as to costs