Tobin v Limerick City and County Council & Ors (Approved) [2023] IEHC 626 (16 November 2023)

Tobin v Limerick City and County Council & Ors (Approved) [2023] IEHC 626 (16 November 2023)

Applicant lacks locus standi as all proprietary interest and related causes of action vested in the Official Assignee upon bankruptcy; bare licence asserted is insufficient. Application for leave to apply for judicial review is refused for lack of sufficient interest and, in relation to the first vesting order, for being out of time without explanation or justification for delay.

Citation
[2023] IEHC 626
Parties
Applicant: John Tobin; First Respondent: Limerick City and County Council; Second and Third Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
16 November 2023
Procedural Posture
Judicial Review / Contested Inter Partes Leave Application
Outcome
Leave to apply for judicial review refused.
Legal Topics
Compulsory Acquisition, Locus Standi, Time Limits for Judicial Review, Derelict Sites Act 1990, Bankruptcy Act 1988
Administrative Law Property Law Bankruptcy Law Compulsory Acquisition Locus Standi Time Limits for Judicial Review Derelict Sites Act 1990 Bankruptcy Act 1988

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Parties

John Tobin

Applicant

Limerick City and County Council

First Respondent

Ireland and the Attorney General

Second and Third Respondents

Procedural Posture

Judicial Review / Contested Inter Partes Leave Application

Legal Issues

  1. 1 Does the applicant have sufficient interest (locus standi) to challenge compulsory acquisition after bankruptcy?
  2. 2 Is the application for judicial review out of time regarding the first vesting order?
  3. 3 Does the applicant have an arguable case that his property rights are engaged under the Constitution or ECHR?

Ratio Decidendi

Applicant lacks locus standi as all proprietary interest and related causes of action vested in the Official Assignee upon bankruptcy; bare licence asserted is insufficient. Application for leave to apply for judicial review is refused for lack of sufficient interest and, in relation to the first vesting order, for being out of time without explanation or justification for delay.

Court Disposition

Leave to apply for judicial review refused.

Orders

  • Application for leave to apply for judicial review refused.
  • Respondents provisionally entitled to recover legal costs against applicant under Section 169 of the Legal Services Regulation Act 2015.