Thompson & Anor v An Bord Pleanala & Ors (Approved) [2024] IEHC 639 (08 November 2024)

Thompson & Anor v An Bord Pleanala & Ors (Approved) [2024] IEHC 639 (08 November 2024)

The interests of justice do not require a costs order against Mr Flanagan as the first defendant failed to establish he was the real party to the litigation, did not give timely notice of the application, and the plaintiff's conduct was not unreasonable or in bad faith.

Source-derived case information.

Citation
[2024] IEHC 639
Parties
Plaintiff: Atlantis Developments Limited (in Receivership); First Defendant: Patrick Considine; Second Defendant: Liscannor Development Company Limited; Notice Party: John Declan Flanagan
Jurisdiction
Ireland
Judgment Date
08 November 2024
Procedural Posture
Civil / Post Trial, Costs Application
Outcome
application refused
Legal Topics
Non Party Costs Orders, Company Litigation, Property Ownership, Security for Costs
Civil Procedure Non Party Costs Orders Company Litigation Property Ownership Security for Costs

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Parties

Atlantis Developments Limited (in Receivership)

Plaintiff

Patrick Considine

First Defendant

Liscannor Development Company Limited

Second Defendant

John Declan Flanagan

Notice Party

Procedural Posture

Civil / Post Trial, Costs Application

Legal Issues

  1. 1 Whether a costs order should be made against a non-party (Mr Flanagan) who was joined after trial
  2. 2 Application of Moorview principles to non-party costs liability

Ratio Decidendi

The interests of justice do not require a costs order against Mr Flanagan as the first defendant failed to establish he was the real party to the litigation, did not give timely notice of the application, and the plaintiff's conduct was not unreasonable or in bad faith.

Court Disposition

application refused

Orders

  • No costs order against Mr Flanagan
  • No order as to costs of the application