Worth v The Planning Authority (MC 48 of 2025) [2025] SCSC 96 (10 July 2025)

Worth v The Planning Authority (MC 48 of 2025) [2025] SCSC 96 (10 July 2025)

The petitioner demonstrated sufficient interest by showing direct impact from the respondent's decision and provided affidavit evidence and documentation supporting the claim. The issues raised are arguable and not frivolous, thus satisfying the good faith requirement. Leave to proceed with the petition for judicial review is granted.

Citation
[2025] SCSC 96
Parties
Petitioner: Laura Marie-Claud Bessie Helen Worth; Respondent: The Planning Authority
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 July 2025
Case Number
MC 48 of 2025
Procedural Posture
Judicial Review Petition / Leave to Proceed (ex Parte)
Outcome
Leave to proceed with the petition for judicial review granted.
Legal Topics
Judicial Review, Supervisory Jurisdiction, Standing, Good Faith Requirement, Alternative Remedies
Source Language
English
Administrative Law Constitutional Law Judicial Review Supervisory Jurisdiction Standing Good Faith Requirement Alternative Remedies

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Parties

Laura Marie-Claud Bessie Helen Worth

Petitioner

The Planning Authority

Respondent

Procedural Posture

Judicial Review Petition / Leave to Proceed (ex Parte)

Legal Issues

  1. 1 Whether the petitioner has sufficient interest in the subject matter to seek judicial review
  2. 2 Whether the petition is made in good faith and raises arguable issues
  3. 3 Whether alternative statutory remedies preclude judicial review

Ratio Decidendi

The petitioner demonstrated sufficient interest by showing direct impact from the respondent's decision and provided affidavit evidence and documentation supporting the claim. The issues raised are arguable and not frivolous, thus satisfying the good faith requirement. Leave to proceed with the petition for judicial review is granted.

Court Disposition

Leave to proceed with the petition for judicial review granted.

Orders

  • Notice to be served on the respondent together with the petition, supporting affidavit, and all exhibited documents.
  • The Planning Authority is directed to forward the record of proceedings to the Registry of the Supreme Court.