Connolly v. Byrne [1997] IEHC 195 (13th January, 1997)

Connolly v. Byrne [1997] IEHC 195 (13th January, 1997)

The Plaintiff failed to show an arguable case that the Defendants would breach the trust by carrying out the alterations, failed to establish locus standi, and did not demonstrate entitlement to interlocutory relief.

Citation
[1997] IEHC 195
Parties
Plaintiff: Connolly; Defendants: Byrne and The Trustees of the Diocese of Kildare and Leighlim
Jurisdiction
Ireland
Procedural Posture
Application for Interlocutory Injunction / High Court Decision on Interlocutory Relief
Outcome
Application for interlocutory injunction refused
Legal Topics
Trustee Powers, Locus Standi, Listed Buildings, Canon Law, Interlocutory Injunctions
Charity Law Ecclesiastical Law Planning Law Trustee Powers Locus Standi Listed Buildings Canon Law Interlocutory Injunctions

Case Brief

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Parties

Connolly

Plaintiff

Byrne and The Trustees of the Diocese of Kildare and Leighlim

Defendants

Procedural Posture

Application for Interlocutory Injunction / High Court Decision on Interlocutory Relief

Legal Issues

  1. 1 Whether the Bishop and Trustees have legal power to alter the sanctuary of Carlow Cathedral
  2. 2 Whether the Plaintiff has locus standi to bring proceedings regarding a public charitable trust
  3. 3 Whether the proposed alterations breach the trust or planning law

Ratio Decidendi

The Plaintiff failed to show an arguable case that the Defendants would breach the trust by carrying out the alterations, failed to establish locus standi, and did not demonstrate entitlement to interlocutory relief.

Court Disposition

Application for interlocutory injunction refused

Orders

  • Reliefs claimed by the Plaintiff are refused