Wicklow County Council v O'Reilly & Ors; Brownfield Restoration Ireland Ltd. v Wicklow County Council [2019] IECA 257 (16 October 2019)

Wicklow County Council v O'Reilly & Ors; Brownfield Restoration Ireland Ltd. v Wicklow County Council [2019] IECA 257 (16 October 2019)

The Court of Appeal held that the High Court did not err in the time allowed for remediation, as the steps and indicative timelines were necessary and within the judge's discretion given the complexity and history of the case. However, the High Court erred in certain costs orders by not giving sufficient weight to the polluter pays principle and by failing to award costs to Brownfield for specific applications and modules where it was the prevailing party. The Court varied the costs orders accordingly.

Citation
[2019] IECA 257
Parties
Plaintiff (2017/433), Defendant (2017/432): Wicklow County Council; Defendant (2017/433): John O’Reilly; Defendant (2017/433), Plaintiff (2017/432): Brownfield Restoration Ireland Limited; Defendant (2017/433): Raymond Stokes; Defendant (2017/433): Anne Stokes; Defendant (2017/433): Swalcliffe Limited trading as Dublin Waste; Defendant (2017/433): Louis Moriarty; Defendant (2017/433): Eileen Moriarty substituted by order Dean Waste Co. Ltd; Defendant (2017/433): William John Campbell; Defendant (2017/433): Anthony Dean; Defendant (2017/433): Una Dean; Defendant (2017/433): Samuel J. Stears
Jurisdiction
Ireland
Judgment Date
16 October 2019
Procedural Posture
Appeal / Judgment of Court of Appeal on Appeal From High Court Orders Regarding Remediation of Illegal Landfill and Costs
Outcome
Appeal refused as to remediation timeline; appeal allowed in part as to costs orders
Legal Topics
Waste Management, Remediation Orders, Costs Orders, Polluter Pays Principle, Public Procurement, Discovery, European Union Law Compliance
Environmental Law Administrative Law Civil Procedure Waste Management Remediation Orders Costs Orders Polluter Pays Principle Public Procurement +2 more

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Parties

Wicklow County Council

Plaintiff (2017/433), Defendant (2017/432)

John O’Reilly

Defendant (2017/433)

Brownfield Restoration Ireland Limited

Defendant (2017/433), Plaintiff (2017/432)

Raymond Stokes

Defendant (2017/433)

Anne Stokes

Defendant (2017/433)

Swalcliffe Limited trading as Dublin Waste

Defendant (2017/433)

Louis Moriarty

Defendant (2017/433)

Eileen Moriarty substituted by order Dean Waste Co. Ltd

Defendant (2017/433)

William John Campbell

Defendant (2017/433)

Anthony Dean

Defendant (2017/433)

Una Dean

Defendant (2017/433)

Samuel J. Stears

Defendant (2017/433)

Procedural Posture

Appeal / Judgment of Court of Appeal on Appeal From High Court Orders Regarding Remediation of Illegal Landfill and Costs

Legal Issues

  1. 1 Whether the time allowed for Wicklow County Council to remediate the Whitestown illegal landfill was appropriate
  2. 2 Whether the High Court erred in its orders as to costs, including allocation and set-off between parties
  3. 3 Application of the polluter pays principle to costs

Ratio Decidendi

The Court of Appeal held that the High Court did not err in the time allowed for remediation, as the steps and indicative timelines were necessary and within the judge's discretion given the complexity and history of the case. However, the High Court erred in certain costs orders by not giving sufficient weight to the polluter pays principle and by failing to award costs to Brownfield for specific applications and modules where it was the prevailing party. The Court varied the costs orders accordingly.

Court Disposition

Appeal refused as to remediation timeline; appeal allowed in part as to costs orders

Orders

  • Affirmed the time allowed for remediation (78 months) and the steps required.
  • Varied the High Court's costs orders: Council to pay Brownfield the costs of the agreement of the issue paper, the application for a modular trial, the application to re-enter proceedings against Swalcliffe Limited, and the costs of Modules III and IV.