Lancefort Ltd. v. Treasury Holdings Ltd. [1998] IESC 13 (17th July, 1998)

Lancefort Ltd. v. Treasury Holdings Ltd. [1998] IESC 13 (17th July, 1998)

The trial judge was entitled to refuse the injunction and award costs against the objector, as both parties acted bona fide and there was no evidence of imminent unlawful development.

Citation
[1998] IESC 13
Parties
Appellant: Appellant (Objector); Respondent: Developer (Plaintiff/Respondent)
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Injunction and Award of Costs
Outcome
appeal dismissed
Legal Topics
Interim Injunctions, Costs Discretion, Bona Fide Belief, Planning Permission
Planning Law Civil Procedure Interim Injunctions Costs Discretion Bona Fide Belief Planning Permission

Case Brief

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Parties

Appellant (Objector)

Appellant

Developer (Plaintiff/Respondent)

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Injunction and Award of Costs

Legal Issues

  1. 1 Whether the trial judge erred in refusing an interlocutory or permanent injunction against the developer
  2. 2 Whether the trial judge erred in awarding costs against the objector

Ratio Decidendi

The trial judge was entitled to refuse the injunction and award costs against the objector, as both parties acted bona fide and there was no evidence of imminent unlawful development.

Court Disposition

appeal dismissed

Orders

  • No injunction granted
  • Costs awarded against the appellant