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Salada Foods Jamaica Limited v Jamaica Agricultural Commodities Regulatory Authority

Case Number: 
SU 2020 CV 03283
Neutral Citation: 
[2020] JMSC Civ 198
Date of Delivery: 
13.11.2020

Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the applicant should be granted leave to apply for judicial review in respect of its import permit applications – The Jamaica Agricultural Commodities Regulatory Authority Act, 2017, sections 4, 14(1), 15(1), 35, 37 and 38, The Jamaica Agricultural Commodities Regulatory Authority Regulations, 2018, regulation 19(1), The Civil Procedure Rules, 2002, rule 56

Costs – Whether a cost order should properly be made in the circumstances –The appropriate cost order to be made in the circumstances – Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

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