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Record No.



In the matter of :

TopFM Ltd Applicant

The Independent Broadcasting Authority Respondent


(1)This is an application for leave to apply for judicial review of, inter alia, the
respondent's decision (and the decision-making process in that connection)
culminating in its letter of 8 April 2020. Prayer E of the motion paper is for a
temporary stay of the respondent's proceedings in relation to that letter until the
determination of the application. The present judgment is concerned with that

(2)It is a settled cursus curiae within this jurisdiction to determine a case and give
reasons for the determination at a later stage where such a course of action appears
appropriate : see e.g. Mauritius Marine Authority Employees Union and ors v
Mauritius Marine Authority (1989 MR 194), a judgment of Glover CJ and Lallah
SPJ, the latter delivering the judgment; and Bishop of Roman Catholic Diocese of
Port Louis and others (Privy Council appeal No21 of 2003), a judgment of the
Judicial Committee delivered by Lord Bingham of Cornhill.

(3)The present case appears to us to be a fit and proper one where we should
proceed in that manner. We accordingly grant prayer E of the application : we shall
spell out the reasons for our decision in a subsequent judgment.

Eddy Balancy
Chief Justice

Judgment delivered by Eddy Balancy

R. Seetohul-Toolsee
Puisne Judge