Joyce & Ors v. Madden [2003] IEHC 11 (28 May 2003)

Joyce & Ors v. Madden [2003] IEHC 11 (28 May 2003)

The Circuit Court retains jurisdiction to award costs in appeals under Section 28 of the Equal Status Act 2000, as there is no express or clearly implied statutory exclusion. The reference to costs in Section 31 does not restrict the general power under Order 66 Rule 1 of the Circuit Court Rules, and legislative intent supports the avoidance of injustice to successful complainants.

Citation
[2003] IEHC 11
Parties
Appellant: Bridget Ann Joyce; Appellant: Mary Margaret Joyce; Appellant: Margaret Mongan; Appellant: Patrick McDonagh; Respondent: John Madden
Jurisdiction
Ireland
Judgment Date
28 May 2003
Procedural Posture
Appeal on a Point of Law / High Court Judgment Following Circuit Court Appeal
Outcome
Appeal allowed; Circuit Court has jurisdiction to award costs.
Legal Topics
Costs in Appeals, Discrimination Against Travellers, Jurisdiction of Circuit Court, Interpretation of Equal Status Act 2000
Equality Law Civil Procedure Costs in Appeals Discrimination Against Travellers Jurisdiction of Circuit Court Interpretation of Equal Status Act 2000

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bridget Ann Joyce

Appellant

Mary Margaret Joyce

Appellant

Margaret Mongan

Appellant

Patrick McDonagh

Appellant

John Madden

Respondent

Procedural Posture

Appeal on a Point of Law / High Court Judgment Following Circuit Court Appeal

Legal Issues

  1. 1 Does the Circuit Court have jurisdiction to award costs in appeals under Section 28 of the Equal Status Act 2000?
  2. 2 Is the absence of an express provision for costs in Section 28 a bar to awarding costs?

Ratio Decidendi

The Circuit Court retains jurisdiction to award costs in appeals under Section 28 of the Equal Status Act 2000, as there is no express or clearly implied statutory exclusion. The reference to costs in Section 31 does not restrict the general power under Order 66 Rule 1 of the Circuit Court Rules, and legislative intent supports the avoidance of injustice to successful complainants.

Court Disposition

Appeal allowed; Circuit Court has jurisdiction to award costs.

Orders

  • Complainants entitled to be awarded their costs before the Circuit Court.