Electricity Supply Board and Eirgrid plc -v- Killross Properties Ltd [2018] IESC 22 (18 April 2018)

Electricity Supply Board and Eirgrid plc -v- Killross Properties Ltd [2018] IESC 22 (18 April 2018)

Section 9 of the Electricity (Supply) Act, 1927 permits the Board (ESB) to authorise its Chief Executive to exercise the Board's statutory power under that section, including authorising other officers to act. The Chief Executive's authorisation of Mr. Waldron to serve the s.53 notice was a lawful exercise of the Board's power, not an unlawful sub-delegation. The ESB's statutory power under s.53 was not abdicated or unlawfully delegated by virtue of its agreements or regulatory obligations with Eirgrid or ESB Networks Ltd.

Citation
[2018] IESC 22
Parties
Plaintiff/appellant: Electricity Supply Board; Plaintiff/appellant: Eirgrid plc; Defendant/respondent: Killross Properties Limited
Jurisdiction
Ireland
Judgment Date
18 April 2018
Procedural Posture
Appeal and Cross Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Delegation of Statutory Powers, Electricity Infrastructure, Wayleave Notices, Corporate Statutory Authority, Regulatory Compliance
Administrative Law Statutory Interpretation Energy Law Delegation of Statutory Powers Electricity Infrastructure Wayleave Notices Corporate Statutory Authority Regulatory Compliance

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Parties

Electricity Supply Board

Plaintiff/appellant

Eirgrid plc

Plaintiff/appellant

Killross Properties Limited

Defendant/respondent

Procedural Posture

Appeal and Cross Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether s.9 of the Electricity (Supply) Act, 1927 permits the ESB to authorise its Chief Executive to exercise its statutory power under that section
  2. 2 Whether the ESB was precluded from exercising its power under s.53 of the 1927 Act due to agreements and regulatory changes

Ratio Decidendi

Section 9 of the Electricity (Supply) Act, 1927 permits the Board (ESB) to authorise its Chief Executive to exercise the Board's statutory power under that section, including authorising other officers to act. The Chief Executive's authorisation of Mr. Waldron to serve the s.53 notice was a lawful exercise of the Board's power, not an unlawful sub-delegation. The ESB's statutory power under s.53 was not abdicated or unlawfully delegated by virtue of its agreements or regulatory obligations with Eirgrid or ESB Networks Ltd.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Order of the Court of Appeal set aside
  • Appeal from the High Court dismissed in its entirety