Dublin City Council -v- Mc Feely & Ors [2013] IEHC 142 (11 April 2013)

Dublin City Council -v- Mc Feely & Ors [2013] IEHC 142 (11 April 2013)

Dublin City Council is entitled to costs of the proceedings up to and including 4th November 2011 due to overwhelming evidence of serious defects and adverse findings against respondents. No order for costs is made for the hearing on 17th November 2011 due to failures by both parties in procedural conduct.

Citation
[2013] IEHC 142
Parties
Applicant: Dublin City Council; Respondent: Thomas McFeely; Respondent: Laurence O’Mahony; Respondent: Coalport Building Company Ltd; Notice Party: Sinead Power; Notice Party: Graham Usher
Jurisdiction
Ireland
Judgment Date
11 April 2013
Procedural Posture
Application Under Fire Services Act / Ruling on Costs After Substantive Judgment and Appeal
Outcome
Costs awarded to applicant up to and including 4th November 2011; no order for costs for 17th November 2011 hearing.
Legal Topics
Costs, Fire Services Act, Contempt of Court, Appeals
Administrative Law Local Government Law Fire Safety Law Costs Fire Services Act Contempt of Court Appeals

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Parties

Dublin City Council

Applicant

Thomas McFeely

Respondent

Laurence O’Mahony

Respondent

Coalport Building Company Ltd

Respondent

Sinead Power

Notice Party

Graham Usher

Notice Party

Procedural Posture

Application Under Fire Services Act / Ruling on Costs After Substantive Judgment and Appeal

Legal Issues

  1. 1 Entitlement to costs following proceedings under s.23 Fire Services Act 1981
  2. 2 Entitlement to costs for hearings on 4th and 17th November 2011
  3. 3 Effect of Supreme Court appeal on costs

Ratio Decidendi

Dublin City Council is entitled to costs of the proceedings up to and including 4th November 2011 due to overwhelming evidence of serious defects and adverse findings against respondents. No order for costs is made for the hearing on 17th November 2011 due to failures by both parties in procedural conduct.

Court Disposition

Costs awarded to applicant up to and including 4th November 2011; no order for costs for 17th November 2011 hearing.

Orders

  • Applicant awarded costs of proceedings up to and including 4th November 2011.
  • No order as to costs for hearing on 17th November 2011.