Cork County Council -v- Valuation Tribunal [2007] IEHC 311 (31 July 2007)

Cork County Council -v- Valuation Tribunal [2007] IEHC 311 (31 July 2007)

The Tribunal was required under s. 36(2)(b) of the Valuation Act 2001 to consider whether the rating authority was directly affected and, in this case, should have served the applicant with the précis of evidence. Failure to do so deprived the applicant of the opportunity to participate and potentially address the notification issue. The six-month period in s. 37(2) is directory, not mandatory, and does not invalidate the Tribunal's decision.

Citation
[2007] IEHC 311
Parties
Applicant: Cork County Council; Respondent: Valuation Tribunal; Notice Party: ESAT Telecom; Notice Party: Commissioner of Valuation
Jurisdiction
Ireland
Judgment Date
31 July 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for certiorari granted; decision of the Valuation Tribunal quashed.
Legal Topics
Service of Documents, Fair Procedures, Statutory Construction, Rating and Valuation, Judicial Review, Natural Justice
Administrative Law Local Government Law Statutory Interpretation Service of Documents Fair Procedures Statutory Construction Rating and Valuation Judicial Review +1 more

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Parties

Cork County Council

Applicant

Valuation Tribunal

Respondent

ESAT Telecom

Notice Party

Commissioner of Valuation

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Valuation Tribunal was required under s. 36(2) of the Valuation Act 2001 to serve the applicant with a précis of evidence submitted by ESAT.
  2. 2 Whether failure to serve such documentation deprived the applicant of fair procedures and/or natural justice.
  3. 3 Whether the Tribunal's decision was invalid due to being delivered outside the six-month period prescribed by s. 37(2) of the 2001 Act.

Ratio Decidendi

The Tribunal was required under s. 36(2)(b) of the Valuation Act 2001 to consider whether the rating authority was directly affected and, in this case, should have served the applicant with the précis of evidence. Failure to do so deprived the applicant of the opportunity to participate and potentially address the notification issue. The six-month period in s. 37(2) is directory, not mandatory, and does not invalidate the Tribunal's decision.

Court Disposition

Application for certiorari granted; decision of the Valuation Tribunal quashed.

Orders

  • Order of certiorari quashing the decision of the Valuation Tribunal dated 13 December 2004.
  • Matter to be remitted to the Valuation Tribunal for rehearing with appropriate directions.