The High Court has refused Gabriel Dooley’s application to extend the time for appealing a €10,000 penalty imposed by the Property Services Regulatory Authority (PSRA), ruling that the governing law did not give the court power to extend the deadline.
Mr Justice David Barniville said a licensee seeking to appeal a major sanction must do so within 30 days of receiving notice. The court held that section 70(1) of the Property Services (Regulation) Act 2011 was a provision to the contrary for the purposes of the relevant court rules, so those rules could not be used to extend the period.
The PSRA found in April 2022 that Mr Dooley had engaged in improper conduct. It accepted investigators’ findings that he withdrew money from a client account holding a booking deposit for a land sale before contracts were signed or finalised. Mr Dooley had said the vendors agreed he could retain the deposit as payment for fees, but he did not provide documentary evidence of that agreement when requested. The Authority did not uphold a separate allegation concerning an undertaking, and made one finding of improper conduct.
In October 2022, the Authority imposed a €10,000 financial penalty, payable within 90 days. Its notice told Mr Dooley he had 30 days from receipt to appeal. He later said he had been unaware of the cut-off and had expected a formal notice. The judge noted that Mr Dooley accepted receiving the letter, which set out the appeal right and deadline.
The PSRA subsequently applied to the High Court to confirm its sanction decision after no appeal was lodged within the statutory period. In response, Mr Dooley sought an extension so he could appeal. The court heard that application on 10 July 2023.
Mr Justice Barniville said the Act’s requirement that an appeal be brought “not later than 30 days” was clear, and that the related confirmation procedure reinforced the fixed deadline. The court therefore refused the extension application. The judge added that, even if an extension had been legally available, he would not have granted one, citing the clear notice of the deadline and finding no good and sufficient reason to extend it.
The ruling did not determine the PSRA’s separate confirmation application. That matter was listed for 31 July 2023, along with final orders, including costs. The judge expressed a provisional view that Mr Dooley should pay the Authority’s costs of the unsuccessful extension application, but had not reached a final decision on costs.