Platte Island v Sinon & Ors (201 of 2011) [2011] SCSC 111 (2 December 2011)

Platte Island v Sinon & Ors (201 of 2011) [2011] SCSC 111 (2 December 2011)

The impugned decision was not judicial or quasi-judicial in nature and did not involve a public law issue; therefore, the application for judicial review falls outside the scope of article 125 of the Constitution and must be refused.

Citation
[2011] SCSC 111
Parties
Petitioner: Platte Island; Respondent: Sinon; Respondent: Minister in respondent no 3; Respondent: Sub-lessor of Platte Island; Respondent: Head lessor of Platte Island
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 December 2011
Case Number
201 of 2011
Procedural Posture
Judicial Review Application / Ruling on Ex Parte Leave to Commence Judicial Review
Outcome
Leave to proceed by way of judicial review is refused.
Legal Topics
Judicial Review, Supervisory Jurisdiction, Public Law Vs Private Law, Lease Agreements
Source Language
English
Administrative Law Contract Law Judicial Review Supervisory Jurisdiction Public Law Vs Private Law Lease Agreements

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Parties

Platte Island

Petitioner

Sinon

Respondent

Minister in respondent no 3

Respondent

Sub-lessor of Platte Island

Respondent

Head lessor of Platte Island

Respondent

Procedural Posture

Judicial Review Application / Ruling on Ex Parte Leave to Commence Judicial Review

Legal Issues

  1. 1 Whether the decision of respondent no 1 is subject to judicial review under article 125 of the Constitution
  2. 2 Whether the impugned decision is judicial or quasi-judicial in nature
  3. 3 Whether the dispute is a matter of public law or private law

Ratio Decidendi

The impugned decision was not judicial or quasi-judicial in nature and did not involve a public law issue; therefore, the application for judicial review falls outside the scope of article 125 of the Constitution and must be refused.

Court Disposition

Leave to proceed by way of judicial review is refused.

Orders

  • Application for leave to commence judicial review is dismissed.