Fuller v Dublin County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1976
• Date: 01 January 1976
• Docket Number: [1972 No. 221 Sp.]
• Court: Supreme Court

(S.C.)

Fuller

and

Dublin County Council

Validity of compulsory purchase order challenged - Whether Minister of State necessary party - Rules of the Superior Courts, 1962 (S.I. No. 72), Or. 15, rr. 13, 14 - Interpretation Act, 1937 (No. 38), s.20 - Housing Act, 1966 (No. 21), s. 78.

The plaintiffs sought an order of the High Court quashing a compulsory purchase order made by the first defendant and confirmed by the second defendant pursuant to the powers conferred by the Housing Act, 1966. In their summons the plaintiffs pleaded that the first defendant had granted to the plaintiffs' predecessors in title permission to develop the lands which the first defendant subsequently sought to acquire from the plaintiffs by the compulsory purchase order, and the plaintiffs claimed that the compulsory purchase order was made ultra vires the first and second defendant. The plaintiffs also pleaded that in the circumstances the confirmation by the second defendant had been made contrary to the rules of natural justice. The second defendant applied to the court to be discharged from the proceedings on the ground that he was not a necessary party. Held by Kenny J., in dismissing the application, that the second defendant should be retained as a defendant because the plaintiffs had challenged his confirmation of the compulsory purchase order by alleging that he had acted contrary to the rules of natural justice. On appeal by the second defendant it was Held by the Supreme Court (Walsh, Henchy and Griffin JJ.), in allowing the...