Malone v GCHL Ltd & Ors [No.3] (Approved) [2025] IEHC 397 (09 July 2025)

Malone v GCHL Ltd & Ors [No.3] (Approved) [2025] IEHC 397 (09 July 2025)

Relief to amend pleadings to add restoration report against GCHL Limited is allowed; joinder of Attorney General, mandamus against EPA, and procedural directions for affidavits are refused as misconceived or inappropriate in statutory enforcement proceedings; balance of EU law declarations and damages claims adjourned pending consideration of related High Court judgment.

Citation
[2025] IEHC 397
Parties
Applicant: David Malone; Respondent: GCHL Limited; Respondent: Environmental Protection Agency; Notice Party: Kildare County Council; Notice Party: Balyna Environmental Action Group; Proposed Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
09 July 2025
Procedural Posture
Statutory Enforcement Application / Interlocutory/amendment Motion
Outcome
Partial grant and partial refusal of interlocutory reliefs; balance adjourned.
Legal Topics
Statutory Injunctions, Waste Management, Environmental Restoration, EU Law Supremacy, Judicial Review, Mandamus, Joinder of Parties
Planning Law Environmental Law EU Law Constitutional Law Statutory Injunctions Waste Management Environmental Restoration EU Law Supremacy +3 more

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Parties

David Malone

Applicant

GCHL Limited

Respondent

Environmental Protection Agency

Respondent

Kildare County Council

Notice Party

Balyna Environmental Action Group

Notice Party

Attorney General

Proposed Notice Party

Procedural Posture

Statutory Enforcement Application / Interlocutory/amendment Motion

Legal Issues

  1. 1 Whether applicant may amend pleadings to add restoration relief
  2. 2 Whether Attorney General should be joined as notice party
  3. 3 Whether EPA can be compelled to decide waste licence application

Ratio Decidendi

Relief to amend pleadings to add restoration report against GCHL Limited is allowed; joinder of Attorney General, mandamus against EPA, and procedural directions for affidavits are refused as misconceived or inappropriate in statutory enforcement proceedings; balance of EU law declarations and damages claims adjourned pending consideration of related High Court judgment.

Court Disposition

Partial grant and partial refusal of interlocutory reliefs; balance adjourned.

Orders

  • Originating Notice of Motion amended to add restoration report relief against GCHL Limited.
  • Applicant's affidavits and supporting materials to form part of amended application.