Case details

The State of Mauritius and another (Appellants) v The (Mauritius) CT Power Limited and others (Respondents) (Mauritius)

Case ID: JCPC 2017/0023

Jurisdiction: The Supreme Court of Mauritius

Case summary

1. These appeals, which are from the same decision of the Supreme Court dated 7th July 2016, are to be heard together.

2. The Supreme Court allowed the Respondent's applications for judicial review:

  1. of the failure of the Appellant Ministry of Energy and Public Utilities, 'the Ministry of Energy', to sign an lmplementation Agreement in respect of the Respondent's proposed development of a power plant to meet the demand for electricity in Mauritius, 'the Project', and
  2. of the conclusion by the Appellant Ministry of Finance and Economic Development, 'the Ministry of Finance', that one of the conditions in the EIA Licence imposed on the Respondent in respect of the Project had not been met. The relevant condition, 'Condition L5', required the Respondent to provide proof of its financial capabilities for the duration of the Project to the satisfaction of the Ministry of Finance.

3. The Supreme Court, in respect of each Appellant Ministry, made a Declaration that its actions were misconceived, unreasonable, irrational and in breach of the Respondent's legitimate expectation.

4. The Appellants Ministries challenge the Supreme Court's decision in a number of respects.

Parties

Appellants
  1. State of Mauritius
  2. The Ministry of Energy and Public Utilities
Respondents
  1. State of Mauritius
  2. The Ministry of Energy and Public Utilities
  3. Honourable Minister of Finance and Economic Development
  4. Ministry of Environment
  5. Sustainable Development, Disaster and Beach Management

Directions hearing

Justices

Lord Mance, Lord Carnwath, Lord Briggs

Hearing start date

15 Jan 2018

Hearing finish date

15 Jan 2018

Appeal

Justices

Lord Reed, Lord Kerr, Lady Black, Lord Briggs, Lord Sales

Hearing start date

04 Apr 2019

Hearing finish date

04 Apr 2019

Watch hearing
04 Apr 2019 Morning session Afternoon session
Watch directions hearing
15 Jan 2018 Morning session