Donatex Ltd & Anor -v- Dublin Docklands Development Authority [2012] IEHC 168 (29 March 2012)

Donatex Ltd & Anor -v- Dublin Docklands Development Authority [2012] IEHC 168 (29 March 2012)

The amendments to the statement of claim are not bound to fail and should be allowed, subject to a preliminary determination of whether the new claims are barred by public law time limits applicable to judicial review. The plaintiffs will not be permitted further amendments or to expand their claim beyond the scope of the allowed amendments.

Citation
[2012] IEHC 168
Parties
Plaintiff: Donatex Limited; Plaintiff: Bernard McNamara; Defendant: Dublin Docklands Development Authority
Jurisdiction
Ireland
Judgment Date
29 March 2012
Procedural Posture
Commercial/plenary Proceedings / Application to Amend Statement of Claim Prior to Trial
Outcome
Application to amend statement of claim allowed, subject to preliminary determination on public law/delay issue.
Legal Topics
Amendment of Pleadings, Ultra Vires Contracts, Judicial Review Time Limits, Public Law Claims in Plenary Proceedings
Administrative Law Commercial Law Civil Procedure Amendment of Pleadings Ultra Vires Contracts Judicial Review Time Limits Public Law Claims in Plenary Proceedings

Case Brief

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Parties

Donatex Limited

Plaintiff

Bernard McNamara

Plaintiff

Dublin Docklands Development Authority

Defendant

Procedural Posture

Commercial/plenary Proceedings / Application to Amend Statement of Claim Prior to Trial

Legal Issues

  1. 1 Whether plaintiffs should be permitted to amend their statement of claim to include a vires challenge to the defendant's authority under the Dublin Docklands Development Authority Act 1997
  2. 2 Whether the proposed amendment amounts to a public law claim requiring compliance with judicial review time limits
  3. 3 Whether the claim as amended is bound to fail

Ratio Decidendi

The amendments to the statement of claim are not bound to fail and should be allowed, subject to a preliminary determination of whether the new claims are barred by public law time limits applicable to judicial review. The plaintiffs will not be permitted further amendments or to expand their claim beyond the scope of the allowed amendments.

Court Disposition

Application to amend statement of claim allowed, subject to preliminary determination on public law/delay issue.

Orders

  • Order amending the pleadings as sought by the plaintiffs.
  • Direction that the public law/delay issue be tried as a stand-alone preliminary issue before trial of the substantive claim.