SEERY v Bord Pleanála

JurisdictionIreland
JudgeFinnegan J
Judgment Date25 January 2001
Neutral Citation[2001] IEHC 13
Docket NumberNo. J.R.448/1999
CourtHigh Court
Date25 January 2001
SEERY v. BORD PLEANALA

BETWEEN

GERARD SEERY AND YVONNE SEERY
APPLICANTS

AND

AN BORD PLENALA
RESPONDENT

AND

OFFALY COUNTY COUNCIL
FIRST NAMED NOTICE PARTY

AND

NATHY McINTYRE, JARLAITH McINTYRE AND CHARLES BAILEYTRADING AS CARRICKHALL DEVELOPMENTS
SECOND NAMED NOTICE PARTY

AND

MARTIN KEARNEY
THIRD NAMED NOTICE PARTY

[2001] IEHC 13

No. J.R.448/1999

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

1

Finnegan Jdelivered the 25th day of January2001

2

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.

3

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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