O'Connell v. Cork Corporation [2001] IESC 89 (8 November 2001)

O'Connell v. Cork Corporation [2001] IESC 89 (8 November 2001)

The sticker system implemented by Cork Corporation is intra vires the Waste Management Act, 1996 and Local Government Act, 1994, as the statutory duty to collect waste is conditional upon compliance with bye-laws, including payment and presentation requirements. The respondents did not breach their statutory duty nor act unreasonably or ultra vires. The duty to collect is governed by statutes and validly enacted bye-laws, which permit withdrawal of service for non-payment.

Citation
[2001] IESC 89
Parties
Applicant/appellant: Con O'Connell; Respondents: The Lord Mayor, Aldermen and Burgesses of the City of Cork
Jurisdiction
Ireland
Judgment Date
08 November 2001
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Refusal
Outcome
Appeal dismissed
Legal Topics
Waste Management, Statutory Interpretation, Ultra Vires, Bye Laws, Constitutional Rights
Administrative Law Local Government Law Environmental Law Waste Management Statutory Interpretation Ultra Vires Bye Laws Constitutional Rights

Case Brief

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Parties

Con O'Connell

Applicant/appellant

The Lord Mayor, Aldermen and Burgesses of the City of Cork

Respondents

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Refusal

Legal Issues

  1. 1 Whether Cork Corporation's sticker system for waste collection breaches its statutory duty under s.33 of the Waste Management Act, 1996
  2. 2 Whether the sticker system is ultra vires the Waste Management Act, 1996 and Local Government Act, 1994
  3. 3 Whether the sticker system infringes constitutional rights to bodily integrity

Ratio Decidendi

The sticker system implemented by Cork Corporation is intra vires the Waste Management Act, 1996 and Local Government Act, 1994, as the statutory duty to collect waste is conditional upon compliance with bye-laws, including payment and presentation requirements. The respondents did not breach their statutory duty nor act unreasonably or ultra vires. The duty to collect is governed by statutes and validly enacted bye-laws, which permit withdrawal of service for non-payment.

Court Disposition

Appeal dismissed

Orders

  • No order of certiorari granted; sticker system upheld as lawful under relevant statutes and bye-laws