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Peterkin, Arlene Elmarie v Natural Resources Conservation Authority, Town and Country Planning Authority and National Housing Trust

Court: 
Supreme Court
Catchwords: 

Judicial Review-Statutory interpretation-Illegality-Whether the authority acted illegally-Irrationality-Whether the authority acted irrationally-Whether illegality and irrationality are equated in law-Effluent(s)-Absence of meaning on the Act-Use of a dictionary meaning-Secondary dictionary meaning-Environmental permit-Envirnmental licences-Object and purpose of the statute-Relationship between primary and subsidiary legislation-Presumption of correctness in statute-Whether provisions are mandatory or discretionary-Whether regulations are ultra vires the primary legislation-Whether public consultation should be conducted-Environmental Impact Assessment-Application for leave to apply for judicial review-Subsequent grounds added are the leave to apply for judicial review was granted-Marine Outfall-Development Order-Appropriate costs order.

Document Type:

Year: 
2022
Suit/Claim number: 
2018 HCV 03058
Neutral Citation: 
[2022] JMSC Civ 153