Kingston v Licensing Act [2006] IEHC 93 (21 March 2006)

Kingston v Licensing Act [2006] IEHC 93 (21 March 2006)

Licensing applications are not disputes between parties but are applications in the public interest, with the Gardaí fulfilling a statutory function. As such, costs are not awarded against objectors acting in a public capacity, and the applicant is not entitled to costs of the appeal.

Citation
[2006] IEHC 93
Parties
Applicant/appellant: Peter Kingston; Objector: Superintendent of the Garda Síochána
Jurisdiction
Ireland
Judgment Date
21 March 2006
Procedural Posture
Licensing Appeal / Application for Costs Following High Court Appeal
Outcome
application for costs refused
Legal Topics
Costs, Licensing Applications, Public Interest Objections
Licensing Law Administrative Law Costs Licensing Applications Public Interest Objections

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Peter Kingston

Applicant/appellant

Superintendent of the Garda Síochána

Objector

Procedural Posture

Licensing Appeal / Application for Costs Following High Court Appeal

Legal Issues

  1. 1 Whether the applicant/appellant is entitled to costs of the High Court appeal against the unsuccessful objector in a licensing matter

Ratio Decidendi

Licensing applications are not disputes between parties but are applications in the public interest, with the Gardaí fulfilling a statutory function. As such, costs are not awarded against objectors acting in a public capacity, and the applicant is not entitled to costs of the appeal.

Court Disposition

application for costs refused

Orders

  • No order as to costs