No extension of time for judicial review where applicant failed to contact Board while abroad

Applicant sought to quash decision of Board – decision issued 20th June 2018 – applicant left the country on the 21st June 2018 to return to his home country after his mother died there – returned 10th September 2018.

Board had adjudicated between applicant and landlord notice parties – adjudication heard 24th October 2017 – report issued 29th November 2017 – landlord notice parties appealed 7th December 2017 – applicant informed parties that he was unavailable from late January until March – applicant pressed for issuance of decision by email 24th March 2018 and 23rd May 2018- decision issued 20th June – statement of grounds came before Noonan J on 6th December 2018

Applicant was abroad dealing with his mothers affairs until 10th September 2018 – failed to contact respondents by email and come to an arrangement – three month period from decision elapsed 20th September 2018 – had returned beforehand yet failed to bring any application for two months
Extension only granted for good and sufficient reason and where circumstances out of the applicants control and no alternative remedy – circumstances within his control - alternative remedy had been available under S.123 of Residential Tenancies Act 2004

Three grounds of judicial review argued – tenancy predates Residential Tenancies Board, email from Board stating that his tenancy was outside their remit and that an arrangement had been made with the landlord – none sustainable