Property Services Regulatory Authority v Dooley (Unapproved) [2024] IECA 251 (21 October 2024)

Property Services Regulatory Authority v Dooley (Unapproved) [2024] IECA 251 (21 October 2024)

Even if the court had jurisdiction to extend time under O.84C, r.2(5)(b), the appellant failed to demonstrate good and sufficient reason for the delay, and the interests of justice do not require an extension; the appeal must fail regardless of the interpretation of s.70(1).

Citation
[2024] IECA 251
Parties
Applicant/respondent: The Property Services Regulatory Authority; Respondent/appellant: Gabriel Dooley
Jurisdiction
Ireland
Judgment Date
21 October 2024
Procedural Posture
Statutory Appeal and Confirmation Application / Court of Appeal Judgment on Appeal From High Court Refusal to Extend Time for Statutory Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Statutory Appeals, Interpretation of Statutory Time Limits, Professional Misconduct, Sanctions on Property Professionals
Administrative Law Professional Regulation Extension of Time for Statutory Appeals Interpretation of Statutory Time Limits Professional Misconduct Sanctions on Property Professionals

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Parties

The Property Services Regulatory Authority

Applicant/respondent

Gabriel Dooley

Respondent/appellant

Procedural Posture

Statutory Appeal and Confirmation Application / Court of Appeal Judgment on Appeal From High Court Refusal to Extend Time for Statutory Appeal

Legal Issues

  1. 1 Whether the 30-day time limit in s.70(1) of the Property Services (Regulation) Act 2011 for appealing a major sanction is absolute or can be extended
  2. 2 Whether the appellant demonstrated good and sufficient reason for an extension of time to appeal

Ratio Decidendi

Even if the court had jurisdiction to extend time under O.84C, r.2(5)(b), the appellant failed to demonstrate good and sufficient reason for the delay, and the interests of justice do not require an extension; the appeal must fail regardless of the interpretation of s.70(1).

Court Disposition

Appeal dismissed

Orders

  • Refusal to extend time for statutory appeal
  • Confirmation that the High Court's refusal to extend time stands