Copymoore Ltd & Ors -v- The Commissioner of Public Works in Ireland [2015] IECA 119 (11 June 2015)

Copymoore Ltd & Ors -v- The Commissioner of Public Works in Ireland [2015] IECA 119 (11 June 2015)

The appeal is moot because the impugned circular was withdrawn, eliminating any live controversy between the parties. No exceptional public interest or ongoing issue justifies hearing the appeal. The procedural circumstances were wholly exceptional and do not establish a precedent.

Citation
[2015] IECA 119
Parties
Applicants/respondents and Cross Appellants: Copymoore Limited, Cork Office Machine and Suppliers Limited, Cusken Limited, EMS Copier Services Limited, Eurotech Office Equipment Limited, Inest Limited, Normac Limited, MBE Mallow Limited, O’Rourke Office Supplies Limited, Sharp Text Cork Limited and TOS Limited; Respondents/appellants: The Commissioners of Public Works in Ireland
Jurisdiction
Ireland
Judgment Date
11 June 2015
Procedural Posture
Judicial Review and Appeal / Court of Appeal Judgment on Application to Strike Out Appeal as Moot
Outcome
Appeal struck out as moot
Legal Topics
Mootness, Judicial Review, Public Procurement Procedures, Standing (locus Standi), Ultra Vires Acts, Framework Agreements
Administrative Law Public Procurement European Union Law Mootness Judicial Review Public Procurement Procedures Standing (locus Standi) Ultra Vires Acts +1 more

Case Brief

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Parties

Copymoore Limited, Cork Office Machine and Suppliers Limited, Cusken Limited, EMS Copier Services Limited, Eurotech Office Equipment Limited, Inest Limited, Normac Limited, MBE Mallow Limited, O’Rourke Office Supplies Limited, Sharp Text Cork Limited and TOS Limited

Applicants/respondents and Cross Appellants

The Commissioners of Public Works in Ireland

Respondents/appellants

Procedural Posture

Judicial Review and Appeal / Court of Appeal Judgment on Application to Strike Out Appeal as Moot

Legal Issues

  1. 1 Whether the appeal is moot due to withdrawal of the impugned circular
  2. 2 Whether there are exceptional circumstances justifying hearing a moot appeal
  3. 3 Whether the High Court erred in finding the circular ultra vires

Ratio Decidendi

The appeal is moot because the impugned circular was withdrawn, eliminating any live controversy between the parties. No exceptional public interest or ongoing issue justifies hearing the appeal. The procedural circumstances were wholly exceptional and do not establish a precedent.

Court Disposition

Appeal struck out as moot

Orders

  • Application to strike out the appeal is granted
  • No further orders as the controversy is extinguished