The High Court dismissed John Paul Construction Limited’s judicial review challenge over certificates for student accommodation at The Tramway development in Tallaght, finding that the contractor lacked standing. The court also held that the application was brought out of time and that no sufficient reason had been shown to extend the deadline. It did not decide the substantive legal challenge to the Minister’s certification requirements.
In a judgment delivered on 15 August 2006, Mr Justice Kelly said the certificates had been applied for by developer Losaid Teoranta, not John Paul. The Minister ultimately issued certificates of compliance for all units after Losaid agreed to remedial works to the building. The certificates concerned the development as modified, rather than its original construction.
The dispute arose after the Minister’s inspector raised concerns about unconventional external wall and compartment wall systems and sought certification from a competent body that they complied with building regulations. The judgment records that the certification provided was considered inadequate. Losaid then proposed modifications, including an additional external blockwork layer, removal of services from compartment walls and installation of cavity barriers. The Minister accepted the proposals subject to conditions, and certificates for 24 units were issued on 23 December 2005; the remaining certificates were subsequently issued.
John Paul argued that the Minister had acted unlawfully by not issuing certificates for the development in its original form. It said a ruling in its favour would assist its defence of a separate claim by Losaid. Losaid alleged that John Paul had breached the design and build contract and claimed losses of about €4.18 million. That dispute was at arbitration, and John Paul intended to defend it.
Justice Kelly said John Paul was not the applicant for the certificates, was not the developer or intended beneficiary of any tax relief, and had acted as Losaid’s agent in dealings with the Minister. He considered the challenge would require the court to decide a hypothetical question: whether the Minister could have refused certificates for the original construction if that application had been pursued to a final refusal. The court also noted that a statutory appeal route was available to Losaid, the applicant for the certificates.
The court separately found that the challenge was delayed. The Minister’s position on requiring certification had been made clear in June 2004, but John Paul began proceedings on 20 February 2006, about 20 months later. The court rejected John Paul’s argument that the relevant decision was made on 9 January 2006, noting that certificates had already been issued for 24 units in December 2005. Justice Kelly refused an extension of time and dismissed the application without considering its substantive merits.