Forum Connemara Ltd v Galway County Local Community Development Committee

• Jurisdiction: Ireland
• Judge: the President
• Judgment Date: 21 December 2016
• Neutral Citation: [2016] IECA 397
• Court: Court of Appeal (Ireland)
• Docket Number: Neutral Citation Number: [2016] IECA 397 [2015 No. 160 J.R.]
• Date: 21 December 2016

[2016] IECA 397

THE COURT OF APPEAL

Ryan P.

The President

Neutral Citation Number: [2016] IECA 397

[2016 No. 457]

[2015 No. 160 J.R.]

BETWEEN

FORUM CONNEMARA LIMITED

APPLICANT/APPELLANT

AND

GALWAY COUNTY LOCAL COMMUNITY DEVELOPMENT COMMITTEE

Procurement – Stay application – Balance of convenience – Applicant seeking a stay on the implementation of a decision made by the respondent – Whether the balance of convenience favoured refusing the stay application

Facts: The applicant/appellant, Forum Connemara Ltd, applied to the Court of Appeal for a stay on the implementation of the decision made by the respondent, Galway County Local Community Development Committee, on 2nd March 2015. That decision was subject to the review regime for procurement procedures of public sector bodies prescribed by Directives of the EU and implemented in the State by statutory instruments. Forum mounted a series of challenges to the procurement process culminating in a decision of the High Court on 10th August 2016 and a perfected order made on 15th September 2016. The court rejected the challenge by way of judicial review to the decision of the Committee. There was a stay on the implementation of the decision during the currency of the High Court proceedings and the court granted a further stay until 3rd October 2016, stating that any further postponement of the decision would be a matter for the Court of Appeal. That deadline passed without an application, but on 12th October 2016, Forum issued a notice of motion seeking a further stay until the determination of the appeal from the judgment of the High Court. Forum Connemara submitted that the procedural provisions in the European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010 require that the original stay that came into effect with the grant of leave for judicial review should continue until the determination of the appeal. Alternatively, assuming that the stay was not automatic and mandatory, Forum proposed that justice requires that there be no appointment until its proceedings on appeal have been concluded. The Committee argued that justice and the balance of convenience were powerfully in favour of refusing the stay application and permitting the contract with Galway Rural Development to be signed.

Held by Ryan P that the balance of convenience and the interest of justice were strongly in favour of the Committee's position in resisting the stay. Ryan P held that while one could understand the disappointment of the promoters, managers and operators of Forum Connemara that they did not succeed, it was unreasonable that the successful party should be left waiting in the wings while the greater part of the contract period ebbs away. Ryan P held that the balance was clear and that Forum Connemara was not entitled to have a new stay imposed.

Ryan P held that the application would be refused.

Application refused.

JUDGMENT of the President delivered on 21st December 2016

1 This is a judgment on an application by Forum Connemara for a stay on the implementation of the decision made by the respondent Committee on 2nd March 2015. That decision was subject to the review regime for procurement procedures of public sector bodies prescribed by Directives of the EU and implemented in the State by statutory instruments. Forum mounted a series of challenges to the procurement process culminating in a decision of the High Court on 10th August 2016 and a perfected order made on 15th September 2016. The court rejected the challenge by way of judicial review to the decision of the Committee. There was a stay on the implementation of the decision during the currency of the High Court proceedings and the court granted a further stay until 3rd October 2016, stating that any further postponement of the decision would be a matter for the Court of Appeal. That deadline passed without an application, but on 12th October 2016, Forum issued a notice of motion seeking a further stay until the determination of the appeal...