The High Court refused John Keon’s application to extend time to appeal a Residential Tenancies Tribunal determination in a dispute over an apartment in Salthill, County Galway. The court found that he had shown neither a good and sufficient reason for the delay nor an arguable ground of appeal, and that extending time would prejudice the landlord’s interests.
Mr Justice Baker’s judgment concerned only whether the deadline for a High Court appeal should be extended. It did not rehear the tenancy dispute or decide a new appeal on its merits. The Board, now the Private Residential Tenancies Board, took no part in the extension application; receiver Mark Gibbs opposed it.
The Tribunal’s determination directed Mr Keon to give up vacant possession and pay €9,992.50 in rent arrears and €1,000 in damages. The judgment records that the determination was issued on 26 June 2015 and that an appeal on a point of law had to be brought within 21 days.
Mr Keon’s solicitor tried to lodge an appeal with the Board on 24 July, using a form for an earlier stage of the process. The Board replied on 29 July that an appeal from the Tribunal had to go to the High Court. The solicitor wrote to the receiver on 12 August saying Mr Keon intended to appeal. The extension application followed on 19 August. The judge found no explanation for the gap after the Board identified the error and was not satisfied that Mr Keon had formed an intention to appeal within the deadline.
The solicitor’s affidavit said Mr Keon had been treated for depression and that his condition affected his ability to manage his affairs. The judge found the medical material did not establish that he was unable to instruct his solicitor or appeal in time. The judge also considered the proposed appeal grounds, which included complaints about documents, refusal of an adjournment and the receiver’s appointment. He concluded they disclosed no arguable point of law.
In considering prejudice, the judge noted the finding that Mr Keon had not paid rent to the receiver for almost three years and did not live in the apartment, which he sublet to students. The judge said delaying the outcome would prejudice the landlord’s property interests. He therefore refused to extend time. The judgment does not itself make a fresh possession or payment order; the Tribunal’s determination remained the decision Mr Keon had sought permission to appeal late.