Property Services Regulatory Authority v Dooley (Approved) [2023] IEHC 419 (17 July 2023)

Property Services Regulatory Authority v Dooley (Approved) [2023] IEHC 419 (17 July 2023)

Section 70(1) of the Property Services (Regulation) Act 2011 prescribes a strict 30-day time limit for appealing a major sanction decision to the High Court, and does not provide for extension. This constitutes a 'provision to the contrary' for the purposes of O.84C, r.2(5) RSC, precluding the court from granting an extension of time. The High Court lacks jurisdiction to extend the statutory appeal period.

Citation
[2023] IEHC 419
Parties
Applicant: Property Services Regulatory Authority; Respondent: Mr. Dooley
Jurisdiction
Ireland
Judgment Date
17 July 2023
Procedural Posture
Statutory Appeal and Extension of Time Application / High Court Judgment on Extension of Time to Appeal
Outcome
Application for extension of time to appeal refused; court lacks jurisdiction to extend statutory appeal period.
Legal Topics
Extension of Time, Statutory Interpretation, Professional Regulation
Administrative Law Statutory Appeals Extension of Time Statutory Interpretation Professional Regulation

Case Brief

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Parties

Property Services Regulatory Authority

Applicant

Mr. Dooley

Respondent

Procedural Posture

Statutory Appeal and Extension of Time Application / High Court Judgment on Extension of Time to Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend the statutory 30-day time limit for appealing a major sanction imposed by the Property Services Regulatory Authority under s.70(1) of the Property Services (Regulation) Act 2011
  2. 2 Whether O.84C, r.2(5) of the Rules of the Superior Courts permits extension of time in light of s.70(1)

Ratio Decidendi

Section 70(1) of the Property Services (Regulation) Act 2011 prescribes a strict 30-day time limit for appealing a major sanction decision to the High Court, and does not provide for extension. This constitutes a 'provision to the contrary' for the purposes of O.84C, r.2(5) RSC, precluding the court from granting an extension of time. The High Court lacks jurisdiction to extend the statutory appeal period.

Court Disposition

Application for extension of time to appeal refused; court lacks jurisdiction to extend statutory appeal period.

Orders

  • Refusal of Mr. Dooley's application to extend time to appeal under s.70(1) of the 2011 Act
  • No extension of time granted for appeal against Authority's sanction decision