SEERY v Bord Pleanála
Jurisdiction | Ireland |
Judge | Finnegan J |
Judgment Date | 25 January 2001 |
Neutral Citation | [2001] IEHC 13 |
Docket Number | No. J.R.448/1999 |
Court | High Court |
Date | 25 January 2001 |
BETWEEN
AND
AND
AND
AND
[2001] IEHC 13
THE HIGH COURT
Synopsis
Planning
Planning; undertakings as to damages; applicants had obtained leave to apply for judicial review; second and third notice parties seek undertaking as to damages pending final determination of issues raised; whether existence of application had an effect similar to the effect of an interlocutory injunction in private litigation; whether application for judicial review was of a sufficiently public nature to justify exercise of Court's discretion in favour of applicants to refuse an order requiring that an undertaking as to damages be given; O. 84, r. 20, sub-r. (6), Rules of the Superior Courts, 1986.
Held: Undertaking as to damages ordered as a condition of applicants continuing with application for judicial review.
Seery v. An Bord Pleanala - High Court: Finnegan J. - 25/01/2001 - [2001] 2 ILRM 151
The applicants had previously been granted leave to apply for judicial review in respect of a proposed development. The second and third notice parties in this application sought an undertaking from the applicants as to damages. Finnegan J was satisfied that the same criteria applied to judicial review applications regardless of whether they included a planning dimension. In the circumstances it was appropriate that the applicants should furnish an undertaking as to damages as a condition of continuing their application for judicial review.
Citations
LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963
RSC O. 84 r20(6)
BROADNET (IRL) LTD V DIRECTOR OF TELECOMMUNICATIONS
REGULATION & EIRCOM PLC 2000 2 ILRM 241
LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1992 S82(3a)
LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1992 S82(3b)
WESTMAN HOLDINGS LTD V MCCORMACK 1992 1 IR 151
Finnegan Jdelivered the 25th day of January2001
In this matter I have already granted to the Applicants leave to apply for Judicial Review being satisfied that they had established substantial grounds within the meaning of the Local Government (Planning and Development) Act 1963as amended. The second and third named Notice Parties thereupon sought an undertaking as to damages from the Applicants and I adjourned the matter for argument on that issue.
The approach which the Court should adopt in exercising its discretion as to whether an undertaking as to damages should be required under the Rules of the Superior Courts Order 84 Rule 20 sub-rule (6) was considered by Laffoy J in Broadnet Ireland Limited -v- The Office of the Director of...
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