Kimpton Vale Developments Ltd -v- An Bord Pleanála [2013] IEHC 442 (04 October 2013)

Kimpton Vale Developments Ltd -v- An Bord Pleanála [2013] IEHC 442 (04 October 2013)

The special costs rules under s. 50B of the Planning and Development Act 2000 (as amended) do not apply to the present judicial review because the proceedings do not fall within the categories specified by statute or the scope of the Aarhus Convention as transposed. Therefore, the ordinary rule that costs follow the event applies, and given the applicant's financial position, an order for security for costs is warranted under s. 390 of the Companies Act 1963.

Citation
[2013] IEHC 442
Parties
Applicant: Kimpton Vale Developments Limited; Respondent: An Bord Pleanála
Jurisdiction
Ireland
Judgment Date
04 October 2013
Procedural Posture
Judicial Review / Application for Security for Costs
Outcome
Order for security for costs granted
Legal Topics
Security for Costs, Costs in Environmental Litigation, Transposition of Aarhus Convention, Interpretation of S. 50 B Planning and Development Act 2000, Application of Environment (miscellaneous Provisions) Act 2011
Planning Law Environmental Law Civil Procedure Security for Costs Costs in Environmental Litigation Transposition of Aarhus Convention Interpretation of S. 50 B Planning and Development Act 2000 Application of Environment (miscellaneous Provisions) Act 2011

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Parties

Kimpton Vale Developments Limited

Applicant

An Bord Pleanála

Respondent

Procedural Posture

Judicial Review / Application for Security for Costs

Legal Issues

  1. 1 Whether the special costs rules under s. 50B of the Planning and Development Act 2000 (as amended) apply to the present judicial review proceedings
  2. 2 Whether the Aarhus Convention and its transposition into Irish law alter the default costs rules in this case
  3. 3 Whether an order for security for costs should be made against the applicant

Ratio Decidendi

The special costs rules under s. 50B of the Planning and Development Act 2000 (as amended) do not apply to the present judicial review because the proceedings do not fall within the categories specified by statute or the scope of the Aarhus Convention as transposed. Therefore, the ordinary rule that costs follow the event applies, and given the applicant's financial position, an order for security for costs is warranted under s. 390 of the Companies Act 1963.

Court Disposition

Order for security for costs granted

Orders

  • The applicant is required to provide security for costs under s. 390 of the Companies Act 1963.
  • Parties are invited to address the court regarding the form of the security order.