Fitzwilton Limited & Ors v Judge Mahon & Ors [2006] IEHC 397 (14 December 2006)

Fitzwilton Limited & Ors v Judge Mahon & Ors [2006] IEHC 397 (14 December 2006)

The Tribunal complied with the mandatory requirements of paragraph J(2) by recording its decision in writing prior to 1 May 2005; the document of 28 April 2005 constitutes a valid written record of the decision to proceed to a public hearing regarding the Fitzwilton £30,000 payment; no specific wording is required, only a written record of the decision.

Citation
[2006] IEHC 397
Parties
Applicant: Fitzwilton Limited; Applicant: Goulding Limited; Applicant: Rennicks Sign Manufacturing; Respondent: Judge Alan Mahon; Respondent: Judge Mary Faherty; Respondent: Judge Gerald Keys
Jurisdiction
Ireland
Judgment Date
14 December 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
application for judicial review declined
Legal Topics
Tribunals of Inquiry, Terms of Reference, Ultra Vires, Mandatory Requirements, Judicial Review
Administrative Law Constitutional Law Tribunals of Inquiry Terms of Reference Ultra Vires Mandatory Requirements Judicial Review

Case Brief

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Parties

Fitzwilton Limited

Applicant

Goulding Limited

Applicant

Rennicks Sign Manufacturing

Applicant

Judge Alan Mahon

Respondent

Judge Mary Faherty

Respondent

Judge Gerald Keys

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal complied with paragraph J(2) of its amended terms of reference regarding the holding of a public hearing in relation to the Fitzwilton £30,000 payment
  2. 2 Whether compliance with paragraph J(2) is mandatory and a prerequisite to jurisdiction
  3. 3 Whether the Tribunal's written record of decision satisfies the requirements of paragraph J(2)

Ratio Decidendi

The Tribunal complied with the mandatory requirements of paragraph J(2) by recording its decision in writing prior to 1 May 2005; the document of 28 April 2005 constitutes a valid written record of the decision to proceed to a public hearing regarding the Fitzwilton £30,000 payment; no specific wording is required, only a written record of the decision.

Court Disposition

application for judicial review declined