Canty -v- Private Residential Tenancies Board [2008] IESC 24 (30 April 2008)

Canty -v- Private Residential Tenancies Board [2008] IESC 24 (30 April 2008)

Section 123(4) of the Residential Tenancies Act 2004 is not sufficiently clear or specific to exclude the Supreme Court's jurisdiction to hear an appeal confined to the issue of costs; therefore, the appeal on the jurisdictional point is allowed.

Citation
[2008] IESC 24
Parties
Appellant: Jack Canty; First Named Respondent: Private Residential Tenancies Board; Second Named Respondent: David Connolly
Jurisdiction
Ireland
Judgment Date
30 April 2008
Procedural Posture
Appeal / Application to Strike Out Appeal; Jurisdictional Ruling
Outcome
Appeal allowed on jurisdictional point
Legal Topics
Appellate Jurisdiction, Costs Orders, Statutory Interpretation, Residential Tenancies
Administrative Law Constitutional Law Landlord and Tenant Law Appellate Jurisdiction Costs Orders Statutory Interpretation Residential Tenancies

Case Brief

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Parties

Jack Canty

Appellant

Private Residential Tenancies Board

First Named Respondent

David Connolly

Second Named Respondent

Procedural Posture

Appeal / Application to Strike Out Appeal; Jurisdictional Ruling

Legal Issues

  1. 1 Whether Section 123(4) of the Residential Tenancies Act 2004 precludes an appeal to the Supreme Court on the issue of costs from a High Court decision on a point of law

Ratio Decidendi

Section 123(4) of the Residential Tenancies Act 2004 is not sufficiently clear or specific to exclude the Supreme Court's jurisdiction to hear an appeal confined to the issue of costs; therefore, the appeal on the jurisdictional point is allowed.

Court Disposition

Appeal allowed on jurisdictional point

Orders

  • Matter to be listed for further hearing on the merits