Dekra Eireann Teoranta v. Minister for the Environment and Local Government [2003] IESC 25 (4 April 2003)

Dekra Eireann Teoranta v. Minister for the Environment and Local Government [2003] IESC 25 (4 April 2003)

Dekra failed to comply with the mandatory time limits for judicial review under Order 84A, Rule 4, did not act at the earliest opportunity, and did not provide good reason or explanation for the delay. The High Court erred in exercising discretion to extend time; the appeal is allowed and the judicial review proceedings are struck out.

Citation
[2003] IESC 25
Parties
Applicant/respondent: Dekra Eireann Teoranta; Respondent/appellant: Minister for the Environment and Local Government; Notice Party/appellant: SGS Ireland Limited
Jurisdiction
Ireland
Judgment Date
04 April 2003
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
Appeal allowed; judicial review proceedings struck out.
Legal Topics
Judicial Review, Time Limits, Extension of Time, Public Contract Award Procedures, Locus Standi
Administrative Law European Union Law Public Procurement Judicial Review Time Limits Extension of Time Public Contract Award Procedures Locus Standi

Case Brief

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Parties

Dekra Eireann Teoranta

Applicant/respondent

Minister for the Environment and Local Government

Respondent/appellant

SGS Ireland Limited

Notice Party/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether Dekra complied with the time limits for judicial review under Order 84A, Rule 4 of the Rules of the Superior Courts
  2. 2 Whether there was good reason to extend the time limit for bringing judicial review proceedings
  3. 3 Whether the High Court erred in exercising discretion to extend time

Ratio Decidendi

Dekra failed to comply with the mandatory time limits for judicial review under Order 84A, Rule 4, did not act at the earliest opportunity, and did not provide good reason or explanation for the delay. The High Court erred in exercising discretion to extend time; the appeal is allowed and the judicial review proceedings are struck out.

Court Disposition

Appeal allowed; judicial review proceedings struck out.

Orders

  • Order of the High Court granting extension of time set aside.
  • Application by Dekra for judicial review refused.