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Payment out of property services compensation fund was invalid
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High Court, in a point of law appeal brought by the Property Services Regulatory Authority against a decision of the Property Services Appeal Board to make a €5,000 payment from the property services compensation fund to the respondent (who allegedly suffered the loss of a booking deposit due to alleged dishonest behaviour on the part of a former licensee with the authority - and not a licensee at the material time), allows appeal and finds that the authority was not conferred with discretion, as per the applicable legislative regime in place, to make a payment from the fund in the particular circumstances of the case because the alleged wrongdoer was not a current licensee with the authority.
Point of law appeal - decision of property services appeal board - property service authority's powers to make payments out of compensation fund in respect of loss suffered as a result of licensee's dishonesty - appeal board's decision to grant €5,000 in favour of respondent - legislative regime underpinning authority's work - loss sustained by reason of payment of booking deposit monies to company which subsequently went into liquidation - deposit payment made after licensee's license expired - compensation fund - alleged dishonest entity not a licensee of authority at material time - appeal - whether authority was aware of company's continuing to trade without a license - alleged failure of authority in its duty of care towards respondent - alleged failure by authority to invoke certain statutory powers to prevent loss suffered - authority's jurisdiction on appeal to grant funds - nature purpose and legal powers of appeal board - chairperson of appeal board disqualified at material time from acting as chairperson - no party seeks to quash decision - no reasons stated by appeal board - adequacy of reasons in question - legislative provisions on payment from compensation fund - principles of statutory interpretation - literal meaning not obscure or ambiguous nor does it produce an absurd result - no basis for payment on foot of wrongdoing by previous or former 'licensee' - canons of construction of legislation - appeal allowed - no discretion on authority in the circumstances to make payment from fund
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