Cooper v An Bord Pleanala (Unapproved) [2024] IECA 253 (24 October 2024)

The appellant failed to identify any error in the costs adjudication or provide evidence of injustice, and his appeal was a collateral attack on final judgments, constituting an abuse of process. The appeal was dismissed accordingly.

Citation: [2024] IECA 253
Parties: Applicant/appellant: David Cooper; Defendant/respondent: An Bord Pleanála; Notice Party/respondent: Dun Laoghaire Rathdown County Council; Notice Party/respondent: Dundrum Retail Limited Partnership
Jurisdiction: Ireland
Judgment Date: 24 October 2024
Procedural Posture: Appeal / Judgment on Appeal From High Court Decision Regarding Costs Adjudication
Outcome: Appeal dismissed
Legal Topics: Judicial Review, Costs Adjudication, Appeal Procedure, Abuse of Process

Administrative Law Planning Law Costs Judicial Review Costs Adjudication Appeal Procedure Abuse of Process

Case Brief

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Parties

David Cooper

Applicant/appellant

An Bord Pleanála

Defendant/respondent

Dun Laoghaire Rathdown County Council

Notice Party/respondent

Dundrum Retail Limited Partnership

Notice Party/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Regarding Costs Adjudication

Legal Issues

1 Whether the Legal Costs Adjudicator erred in the amount of allowance or disallowance so as to render the determination unjust
2 Whether the appeal was a collateral attack on final judgments of the High Court and Court of Appeal
3 Whether the proceedings constituted an abuse of process

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Provisional order for costs in favour of the second respondent, subject to submissions within 14 days