Hermitte v Fair Trading Commission (SCSC 40/2015) [2015] SCSC 64 (11 March 2015)

Hermitte v Fair Trading Commission (SCSC 40/2015) [2015] SCSC 64 (11 March 2015)

The delay in filing the notice of appeal was due to reasons beyond the control of the applicant and her counsel, specifically the late service of the Tribunal's amended judgment. The applicant provided substantial reasons for the delay, and in the absence of contrary evidence from the respondent, leave to appeal out of time is granted.

Citation
[2015] SCSC 64
Parties
Applicant: Monique Hermitte; Respondent: Fair Trading Commission
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 March 2015
Case Number
SCSC 40/2015
Procedural Posture
Civil Motion / Ruling on Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time granted
Legal Topics
Extension of Time, Leave to Appeal, Appeal Procedure
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Monique Hermitte

Applicant

Fair Trading Commission

Respondent

Procedural Posture

Civil Motion / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted

Ratio Decidendi

The delay in filing the notice of appeal was due to reasons beyond the control of the applicant and her counsel, specifically the late service of the Tribunal's amended judgment. The applicant provided substantial reasons for the delay, and in the absence of contrary evidence from the respondent, leave to appeal out of time is granted.

Court Disposition

Leave to appeal out of time granted

Orders

  • Applicant granted leave to proceed with the appeal out of time