Costello v Minister for Agriculture, Food, and The Marine & Anor (Approved) [2021] IEHC 735 (24 November 2021)

Costello v Minister for Agriculture, Food, and The Marine & Anor (Approved) [2021] IEHC 735 (24 November 2021)

The applicant failed to demonstrate good and sufficient reason for not bringing her judicial review challenge to the Replanting Order within the prescribed time after being notified by the Forestry Appeals Committee that it would not deal with her challenge. No breach of fair procedures occurred in the FAC appeal process, as the applicant had access to all relevant documentation and suffered no prejudice. The Minister's failure to provide notice and opportunity to be heard before issuing the Replanting Order was ameliorated by the applicant's prior knowledge via FOI, but this does not always suffice; however, relief was refused due to delay.

Citation
[2021] IEHC 735
Parties
Applicant: Lorraine Costello; First Respondent: Minister for Agriculture, Food & The Marine; Second Respondent: Forestry Appeals Committee
Jurisdiction
Ireland
Judgment Date
24 November 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused
Legal Topics
Fair Procedures, Judicial Review, Forestry Regulation, Replanting Orders, Licence Revocation, Extension of Time
Administrative Law Environmental Law Fair Procedures Judicial Review Forestry Regulation Replanting Orders Licence Revocation Extension of Time

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Parties

Lorraine Costello

Applicant

Minister for Agriculture, Food & The Marine

First Respondent

Forestry Appeals Committee

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Forestry Appeals Committee breached fair procedures in handling the applicant's appeal
  2. 2 Whether the Minister breached fair procedures in issuing a Replanting Order without notice or opportunity to be heard
  3. 3 Whether the applicant is entitled to an extension of time to challenge the Replanting Order

Ratio Decidendi

The applicant failed to demonstrate good and sufficient reason for not bringing her judicial review challenge to the Replanting Order within the prescribed time after being notified by the Forestry Appeals Committee that it would not deal with her challenge. No breach of fair procedures occurred in the FAC appeal process, as the applicant had access to all relevant documentation and suffered no prejudice. The Minister's failure to provide notice and opportunity to be heard before issuing the Replanting Order was ameliorated by the applicant's prior knowledge via FOI, but this does not always suffice; however, relief was refused due to delay.

Court Disposition

Relief refused