Forum Connemara Ltd -v- Galway County Local Community Development Committee [2016] IECA 397 (21 December 2016)
The statutory stay under S.I. 130/2010 does not extend beyond the High Court; the balance of convenience and justice strongly favour refusing a further stay as the successful tenderer has been excluded from providing the service for most of the contract period.
- Citation
- [2016] IECA 397
- Parties
- Applicant/appellant: Forum Connemara Limited; Respondent: Galway County Local Community Development Committee
- Jurisdiction
- Ireland
- Judgment Date
- 21 December 2016
- Procedural Posture
- Judicial Review Appeal / Application for Stay Pending Appeal
- Outcome
- Application for stay refused
- Legal Topics
- Stay of Execution, Judicial Review, Public Contracts, Balance of Convenience
Case Brief
Summary, issues, holding and outcome
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Parties
Forum Connemara Limited
Applicant/appellant
Galway County Local Community Development Committee
Respondent
Procedural Posture
Judicial Review Appeal / Application for Stay Pending Appeal
Legal Issues
- 1 Whether a stay on the implementation of the procurement decision should be granted pending appeal
- 2 Interpretation of Article 8 of S.I. 130/2010 regarding automatic suspension
Ratio Decidendi
The statutory stay under S.I. 130/2010 does not extend beyond the High Court; the balance of convenience and justice strongly favour refusing a further stay as the successful tenderer has been excluded from providing the service for most of the contract period.
Court Disposition
Application for stay refused
Orders
- Refusal of application for stay on implementation of procurement decision
Full Case Text
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