Morgan & Anor v Slaneygio & Anor [2019] IECA 155 (05 June 2019)

Morgan & Anor v Slaneygio & Anor [2019] IECA 155 (05 June 2019)

The costs regime under s.160 and s.161 of the Planning and Development Act 2000 is self-contained and overrides s.17 of the Courts Act 1981 in planning enforcement proceedings; the trial judge had discretion to award costs on the High Court scale and exercised it judiciously.

Citation
[2019] IECA 155
Parties
Applicant/respondent: Elaine Morgan; Applicant/respondent: Carlow County Council; Respondent/appellant: Slaneygio Limited; Respondent/appellant: Joseph Germaine
Jurisdiction
Ireland
Judgment Date
05 June 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Costs Order
Outcome
appeal dismissed
Legal Topics
Costs in Planning Enforcement, Jurisdiction of Courts, Statutory Interpretation
Planning Law Civil Procedure Costs in Planning Enforcement Jurisdiction of Courts Statutory Interpretation

Case Brief

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Parties

Elaine Morgan

Applicant/respondent

Carlow County Council

Applicant/respondent

Slaneygio Limited

Respondent/appellant

Joseph Germaine

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs Order

Legal Issues

  1. 1 Whether s.17 of the Courts Act 1981 (as amended) limits the costs recoverable in High Court proceedings that could have been brought in the Circuit Court under s.160 of the Planning and Development Act 2000
  2. 2 Whether the High Court had discretion to award costs on the High Court scale in planning enforcement proceedings
  3. 3 Interaction between s.17 of the Courts Act 1981 and ss.160/161 of the Planning and Development Act 2000

Ratio Decidendi

The costs regime under s.160 and s.161 of the Planning and Development Act 2000 is self-contained and overrides s.17 of the Courts Act 1981 in planning enforcement proceedings; the trial judge had discretion to award costs on the High Court scale and exercised it judiciously.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed
  • Costs order of the High Court affirmed