Broadnet Ireland Ltd. v. Director of Telecommunications Regulation [2000] IEHC 46; [2000] 3 IR 281; [2000] 2 ILRM 241 (13th April, 2000)

Broadnet Ireland Ltd. v. Director of Telecommunications Regulation [2000] IEHC 46; [2000] 3 IR 281; [2000] 2 ILRM 241 (13th April, 2000)

The court held that Broadnet must provide security for costs to each party seeking it and must give an undertaking as to damages, secured by a guarantee from its backers, as a condition of continuing the judicial review proceedings. The existence of the proceedings had the same effect as an interlocutory injunction, causing loss and damage to the parties directly affected, and there were no sufficient countervailing public interest factors to preclude such orders.

Citation
[2000] IEHC 46
Parties
Applicant: Broadnet; First Respondent: Director of Telecommunications Regulation; Second Respondent: Eircom; Notice Party: Esat; Notice Party: Princes; Notice Party: Formus
Jurisdiction
Ireland
Procedural Posture
Judicial Review and Statutory Appeal / Interlocutory Application for Security for Costs and Undertakings as to Damages
Outcome
Interlocutory orders granted
Legal Topics
Judicial Review, Security for Costs, Undertaking as to Damages, Licensing, Bias, Public Procurement
Administrative Law Telecommunications Law Civil Procedure Judicial Review Security for Costs Undertaking as to Damages Licensing Bias +1 more

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 4 Authorities cited 18 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Broadnet

Applicant

Director of Telecommunications Regulation

First Respondent

Eircom

Second Respondent

Esat

Notice Party

Princes

Notice Party

Formus

Notice Party

Procedural Posture

Judicial Review and Statutory Appeal / Interlocutory Application for Security for Costs and Undertakings as to Damages

Legal Issues

  1. 1 Whether Broadnet should be required to provide security for costs to the respondents and notice parties.
  2. 2 Whether Broadnet should be required to give undertakings as to damages to the respondents and notice parties as a condition of continuing the judicial review proceedings.
  3. 3 Whether any undertaking as to damages should be fortified by a guarantee from Broadnet's parent company.

Ratio Decidendi

The court held that Broadnet must provide security for costs to each party seeking it and must give an undertaking as to damages, secured by a guarantee from its backers, as a condition of continuing the judicial review proceedings. The existence of the proceedings had the same effect as an interlocutory injunction, causing loss and damage to the parties directly affected, and there were no sufficient countervailing public interest factors to preclude such orders.

Court Disposition

Interlocutory orders granted

Orders

  • Broadnet to provide security for costs to each applicant/respondent/notice party in an amount to be determined by the Master of the High Court.
  • Proceedings against each party stayed pending provision of security for costs.