CURTIN v CLERK of Dáil Éireann and Others

JurisdictionIreland
CourtSupreme Court
JudgeMurray C.J.
Date06 April 2006
CURTIN v CLERK OF DAIL EIREANN & ORS

BETWEEN

BRIAN CURTIN
APPLICANT / APPELLANT
-v-
CLERK OF DÁIL ÉIREANN, CLERK OF SEANAD ÉIREANN, DEPUTY DENIS O'DONOVAN, DEPUTY JERRY CROWLEY, DEPUTY JAMES O'KEEFE, DEPUTY JAN O'SULLIVAN, SENATOR JOHN DARDIS, SENATOR GERALDINE FEENEY, SENATOR MICHAEL FINUCANE, IRELAND AND THE ATTORNEY GENERAL
RESPONDENTS

[2006] IESC 27

Murray C.J.

Denham J.

McGuinness J.

Hardiman J.

Geoghegan J.

Fennelly J.

McCracken J.

198/05
203/05

SUPREME COURT

PRACTICE AND PROCEDURE:

Costs

Discretion - Costs follow event - Unusual facts - Novel issue - Public interest -Plaintiff awarded half costs (198 & 203/2005 - SC - 6/4/2006) Curtin v Clerk of Dáil Éireann

CONSTITUTION ART 6

CONSTITUTION ART 35.4

1

RULING of the Court on the question of costs delivered on the 6th day of April, 2006 by Murray C.J.

2

Following upon the judgment delivered in this case on the 9th March, 2006 the Appellant has applied for an Order for his costs. The Attorney General and other parties have applied for the costs of the appeal against the Appellant. Each of the parties have made a similar application for costs of the proceedings in High Court as they have for the costs of this appeal. The costs awarded in the High Court concerning other matters are not in issue.

3

The Appellant was refused any of the reliefs which he sought in the High Court and on appeal in this Court. This Court ruled against him on a number of discrete issues which had been argued on his behalf in the appeal.

4

The general rule is that costs follow the event subject to the Court having a discretion, for special reason, to make a different Order. It is a discretion to be exercised in the circumstances and context of each case and is one which is so exercised from time to time.

5

Counsel for all parties referred to previous decisions of this Court, and the High Court, in which a discretion was exercised to make an order concerning costs which did not follow the general rule. It would neither be possible nor desirable to lay down one definitive rule according to which exceptions are made to the general rule. The discretionary function of the Court to be exercised in the context of each case militates against such a definitive rule of exception and it is also the reason why previous decisions on such a question are always of limited value.

6

One of the arguments advanced on behalf of the Appellant for an Order of costs in his favour was that he had succeeded in a core issue in his case, namely, that fair procedures required that there should be a dual adjudication on the proposal for his removal, that first there must be an adjudication as to whether he was guilty of the alleged stated...

To continue reading

Request your trial
26 cases
  • Dowling and Others v The Minister for Finance and Others
    • Ireland
    • High Court
    • 1 December 2017
    ...Horgan v. An Taoiseach [2003] 2 I.R. 468 (what constituted participation in war for the purposes of Article 28) and Curtin v. Dáil Éann [2006] IESC 27 (aspects of the judicial impeachment power). 15. Third, costs have been awarded where the issue was one of far reaching importance in an a......
  • Thomas Mccormack and Another v Oliver Rouse
    • Ireland
    • High Court
    • 25 July 2014
    ... 2003 2 IR 468 2003 2 ILRM 357 2003/26/6139 CONSTITUTION ART 28 CURTIN v CLERK OF DAIL EIREANN & ORS UNREP SUPREME 6.4.2006 2006/13/2688 2006 IESC 27 F (T) v IRELAND UNREP SUPREME 27.7.1995 1995/8/2306 O'SHIEL (A MINOR) & ORS v MIN FOR EDUCATION & ORS 1999 2 IR 321 1999 2 ILRM 241 2000/13/......
  • Godsil v Ireland
    • Ireland
    • Supreme Court
    • 24 February 2015
    ...1 I.R. 443. Cunningham v. President of the Circuit Court [2012] IESC 39, [2012] 3 I.R. 222; [2012] 2 I.L.R.M. 449. Curtin v. Dáil Éireann [2006] IESC 27, (Unreported, Supreme Court, 6th April, 2006). Desmond v. M.G.N. Ltd. [2008] IESC 56, [2009] 1 I.R. 737. Dunne v. Minister for the Environ......
  • Dunne v Min for the Environment and Others
    • Ireland
    • Supreme Court
    • 6 December 2007
    ...v DUBLIN UNITED TRAMWAYS CO (1896) LTD & O'BRIEN 1929 IR 642 CURTIN v CLERK OF DAIL EIREANN & ORS UNREP SUPREME 6.4.2006 2006/13/2688 2006 IESC 27 PRACTICE AND PROCEDURE Costs Normal rule that costs follow event - Exception to normal rule in relation to costs of proceedings - Discretion of......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT