Donatex Ltd & Anor -v- Dublin Docklands Development Authority [2012] IEHC 318 (31 July 2012)
The amended claim, though raising public law issues, is sufficiently intertwined with private law remedies and was raised within a reasonable period; no prejudice has occurred and the amendment should not be struck out for delay.
- Citation
- [2012] IEHC 318
- Parties
- Plaintiff: Donatex Limited; Plaintiff: Bernard McNamara; Defendant: Dublin Docklands Development Authority
- Jurisdiction
- Ireland
- Judgment Date
- 31 July 2012
- Procedural Posture
- Commercial / Preliminary Ruling on Amendment to Statement of Claim
- Outcome
- Application to strike out amended claim refused
- Legal Topics
- Statutory Powers of Public Authorities, Private Law Vs Public Law Remedies, Limitation Periods for Judicial Review, Ultra Vires Transactions
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Donatex Limited
Plaintiff
Bernard McNamara
Plaintiff
Dublin Docklands Development Authority
Defendant
Procedural Posture
Commercial / Preliminary Ruling on Amendment to Statement of Claim
Legal Issues
- 1 Whether the defendant had statutory power to enter into the disputed agreement
- 2 Whether the plaintiffs' amended claim constitutes a public law challenge subject to Order 84 time limits
- 3 Distinction between public law and private law remedies
Ratio Decidendi
The amended claim, though raising public law issues, is sufficiently intertwined with private law remedies and was raised within a reasonable period; no prejudice has occurred and the amendment should not be struck out for delay.
Court Disposition
Application to strike out amended claim refused
Orders
- Matter to be listed for trial before Kelly J at 2pm
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment