Forum Connemara Ltd -v- Galway County Local Community Development Committee [2016] IECA 59 (26 February 2016)

Forum Connemara Ltd -v- Galway County Local Community Development Committee [2016] IECA 59 (26 February 2016)

There were no objectively justifiable reasons for Forum Connemara's delay; its participation in the tender process constituted acquiescence, and extension of time would prejudice third parties and undermine procurement effectiveness. The High Court erred in law by granting the extension.

Citation
[2016] IECA 59
Parties
Respondent/applicant: Forum Connemara Limited; Appellant/respondent: Galway County Local Community Development Committee
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Extension of Time, Judicial Review, Public Contracts, Procurement Procedures
Public Procurement Administrative Law Extension of Time Judicial Review Public Contracts Procurement Procedures

Case Brief

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Parties

Forum Connemara Limited

Respondent/applicant

Galway County Local Community Development Committee

Appellant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there were good reasons to extend the time for challenging a procurement decision under Order 84A, r. 4(2)
  2. 2 Whether Forum Connemara acquiesced in the decision by tendering for the contract
  3. 3 Whether delay prejudiced third parties and undermined procurement effectiveness

Ratio Decidendi

There were no objectively justifiable reasons for Forum Connemara's delay; its participation in the tender process constituted acquiescence, and extension of time would prejudice third parties and undermine procurement effectiveness. The High Court erred in law by granting the extension.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • Extension of time refused.
  • Proceedings dismissed.