Electricity Supply Board & Anor -v- Killross Properties Ltd [2016] IECA 210 (11 July 2016)

Electricity Supply Board & Anor -v- Killross Properties Ltd [2016] IECA 210 (11 July 2016)

The wayleave notice was valid as it met statutory requirements for description and manner of works; no statutory requirement exists for specifying duration; reference to multiple statutory powers in one notice does not invalidate it; ESB did not delegate its statutory power to issue wayleave notices to Eirgrid or ESB Networks Ltd; Mr. Waldron was properly authorised by ESB to issue the notice; sub-delegation beyond what s. 9 permits is not allowed, but the Board's authorisation was sufficient.

Citation
[2016] IECA 210
Parties
Plaintiff/appellant: Electricity Supply Board; Plaintiff/appellant: Eirgrid Plc.; Defendant/respondent: Killross Properties Limited
Jurisdiction
Ireland
Judgment Date
11 July 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court decision set aside
Legal Topics
Wayleave Notices, Delegation of Statutory Powers, Electricity Infrastructure, Ultra Vires, Compensation for Land Use
Administrative Law Property Law Statutory Interpretation Wayleave Notices Delegation of Statutory Powers Electricity Infrastructure Ultra Vires Compensation for Land Use

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Parties

Electricity Supply Board

Plaintiff/appellant

Eirgrid Plc.

Plaintiff/appellant

Killross Properties Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Validity of wayleave notice under s. 53(3) of Electricity (Supply) Act 1927
  2. 2 Requirement for certainty in statutory notices
  3. 3 Delegation and sub-delegation of statutory powers under s. 9 of the 1927 Act

Ratio Decidendi

The wayleave notice was valid as it met statutory requirements for description and manner of works; no statutory requirement exists for specifying duration; reference to multiple statutory powers in one notice does not invalidate it; ESB did not delegate its statutory power to issue wayleave notices to Eirgrid or ESB Networks Ltd; Mr. Waldron was properly authorised by ESB to issue the notice; sub-delegation beyond what s. 9 permits is not allowed, but the Board's authorisation was sufficient.

Court Disposition

Appeal allowed; High Court decision set aside

Orders

  • Wayleave notice of 28th June 2013 declared valid
  • No improper delegation found