Usk and District Residents Association Limited -v- Environmental Protection Agency [2006] IESC 1 (13 January 2006)

Usk and District Residents Association Limited -v- Environmental Protection Agency [2006] IESC 1 (13 January 2006)

Greenstar established a prima facie defence to the proceedings as a whole, satisfying the requirements for security for costs under s.390 Companies Act 1963. The absence of a prima facie defence was the only substantive ground advanced by Usk, and as this was not made out, the appeal failed.

Citation
[2006] IESC 1
Parties
Applicant/appellant: Usk District Residents Association Limited; Respondent: Environmental Protection Agency; Notice Party/respondent: Greenstar Recycling Holdings Limited
Jurisdiction
Ireland
Judgment Date
13 January 2006
Procedural Posture
Judicial Review / Appeal From High Court Order for Security for Costs
Outcome
appeal dismissed, order for security for costs upheld, High Court order for costs varied
Legal Topics
Security for Costs, Judicial Review, Waste Management Licensing, Environmental Impact Assessment, Corporate Plaintiffs
Civil Procedure Environmental Law Company Law Security for Costs Judicial Review Waste Management Licensing Environmental Impact Assessment Corporate Plaintiffs

Case Brief

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Parties

Usk District Residents Association Limited

Applicant/appellant

Environmental Protection Agency

Respondent

Greenstar Recycling Holdings Limited

Notice Party/respondent

Procedural Posture

Judicial Review / Appeal From High Court Order for Security for Costs

Legal Issues

  1. 1 Whether Greenstar established a prima facie defence to the judicial review proceedings for the purpose of security for costs under s.390 Companies Act 1963
  2. 2 Whether security for costs should be limited to the leave application or the proceedings as a whole
  3. 3 What materials may be relied upon to establish a prima facie defence

Ratio Decidendi

Greenstar established a prima facie defence to the proceedings as a whole, satisfying the requirements for security for costs under s.390 Companies Act 1963. The absence of a prima facie defence was the only substantive ground advanced by Usk, and as this was not made out, the appeal failed.

Court Disposition

appeal dismissed, order for security for costs upheld, High Court order for costs varied

Orders

  • Appeal dismissed
  • Order for security for costs made in the High Court upheld