High Court, in public procurement proceedings: (i) refuses application for an adjournment of the respondent’s application to lift the automatic suspension of the impugned decision to award the contract at issue to the successful tenderer, and to dismiss the applicant’s application for lack of eligibility, which was listed for hearing on 7 and 8 May 2020, on the grounds that: the urgency of the respondent’s application was such that the application should be brought to a point where it is in a position to be heard on its assigned date; and (ii) alters the directions timetable so as to allow additional time to the applicant to provide its replying affidavit and to adjust the time limits for the subsequent steps.
Public procurement - application by the applicant for an adjournment of the respondent’s application to lift the automatic suspension of the impugned decision to award the contract at issue to the successful tenderer and to dismiss the applicant’s application for lack of eligibility - matter was listed for the 7th and 8th of May 2020 - the proceedings involved a challenge on public procurement grounds to a decision by the respondent to award a contract to provide partial funding to enable the construction of an event centre in Cork to a third party - application was made in light of the COVID 19 public health crisis - applicant argued that his position had significantly changed and that the crisis had resulted in his business having to close temporarily - respondent argued that its application was urgent and failure to hear the application would imperil the project - Court refuses application - adjusts timetable for directions - court accepts that given public health crisis, hearing may not be possible - gives parties liberty to make an application as to whether the matter may be dealt with by way of remote hearing when position becomes clearer - costs ordered to be costs in the cause.