Callaghan v An Bord Pleanála & ors [2015] IEHC 618 (12 October 2015)

Callaghan v An Bord Pleanála & ors [2015] IEHC 618 (12 October 2015)

Applicant failed to establish special circumstances justifying departure from normal rule; raising a point of exceptional public importance alone does not entitle unsuccessful applicant to costs; respondents and notice parties entitled to costs; applicant entitled to costs for certificate for leave to appeal as...

Source-derived case information.

Citation
[2015] IEHC 618
Parties
Applicant: John Callaghan; Respondent: An Bord Pleanála; Respondent: Ireland; Respondent: The Attorney General; Notice Party: Element Power Ireland Limited; Notice Party: Element Power Ireland; Notice Party: North Meath Windfarm Limited
Jurisdiction
Ireland
Judgment Date
12 October 2015
Procedural Posture
Judicial Review / Costs Determination Following Refusal of Leave and Certificate for Appeal
Outcome
Costs awarded against applicant for leave application, s. 3 application, and CJEU reference; applicant awarded costs for certificate for leave to appeal against State and Board; stay on costs pending appeal.
Legal Topics
Costs in Judicial Review, Public Interest Litigation, Strategic Infrastructure Development, Environmental Impact Assessment Directive, Certificate for Leave to Appeal
Administrative Law Planning Law Environmental Law Costs in Judicial Review Public Interest Litigation Strategic Infrastructure Development Environmental Impact Assessment Directive Certificate for Leave to Appeal

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Summary, issues, holding and outcome

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Parties

John Callaghan

Applicant

An Bord Pleanála

Respondent

Ireland

Respondent

The Attorney General

Respondent

Element Power Ireland Limited

Notice Party

Element Power Ireland

Notice Party

North Meath Windfarm Limited

Notice Party

Procedural Posture

Judicial Review / Costs Determination Following Refusal of Leave and Certificate for Appeal

Legal Issues

  1. 1 Whether applicant is entitled to costs as a public interest litigant despite being unsuccessful
  2. 2 Whether raising a point of exceptional public importance justifies departure from normal rule on costs
  3. 3 Entitlement of notice parties to costs

Ratio Decidendi

Applicant failed to establish special circumstances justifying departure from normal rule; raising a point of exceptional public importance alone does not entitle unsuccessful applicant to costs; respondents and notice parties entitled to costs; applicant entitled to costs for certificate for leave to appeal as against State and Board, not notice parties.

Court Disposition

Costs awarded against applicant for leave application, s. 3 application, and CJEU reference; applicant awarded costs for certificate for leave to appeal against State and Board; stay on costs pending appeal.

Orders

  • Respondents and notice parties awarded costs of leave application, s. 3 application, and CJEU reference against applicant.
  • Applicant awarded costs of certificate for leave to appeal against State and Board, not notice parties.