McCoy & anor -v- Sillelagh Quarries Ltd & ors [2014] IEHC 512 (10 October 2014)

McCoy & anor -v- Sillelagh Quarries Ltd & ors [2014] IEHC 512 (10 October 2014)

The applicant is entitled to the costs of the motion as the application was statutory, the respondents unnecessarily increased costs by raising extraneous issues, and the Calderbank offer was insufficient given the complexity introduced by the respondents.

Citation
[2014] IEHC 512
Parties
Applicant: Michael McCoy; Applicant: South Dublin County Council; Respondent: Shillelagh Quarries Limited; Respondent: John Murphy; Respondent: Declan Murphy; Respondent: Thomas Murphy; Respondent: Sandra Murphy; Respondent: Joan Murphy
Jurisdiction
Ireland
Judgment Date
10 October 2014
Procedural Posture
Application Under Planning and Development Acts / Costs Determination Following Declaration Under S.7 of Environment (miscellaneous Provisions) Act 2011
Outcome
Applicant awarded costs of the motion to be taxed in default of agreement.
Legal Topics
Costs in Environmental Litigation, Application of S.3 Environment (miscellaneous Provisions) Act 2011, Statutory Costs Limitation, Calderbank Offers
Environmental Law Planning Law Civil Procedure Costs in Environmental Litigation Application of S.3 Environment (miscellaneous Provisions) Act 2011 Statutory Costs Limitation Calderbank Offers

Case Brief

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Parties

Michael McCoy

Applicant

South Dublin County Council

Applicant

Shillelagh Quarries Limited

Respondent

John Murphy

Respondent

Declan Murphy

Respondent

Thomas Murphy

Respondent

Sandra Murphy

Respondent

Joan Murphy

Respondent

Procedural Posture

Application Under Planning and Development Acts / Costs Determination Following Declaration Under S.7 of Environment (miscellaneous Provisions) Act 2011

Legal Issues

  1. 1 Whether the applicant is entitled to costs of the motion for a declaration under s.7 of the Environment (Miscellaneous Provisions) Act 2011
  2. 2 Whether the respondents' conduct increased the costs unnecessarily
  3. 3 Appropriate application of statutory costs limitation regime

Ratio Decidendi

The applicant is entitled to the costs of the motion as the application was statutory, the respondents unnecessarily increased costs by raising extraneous issues, and the Calderbank offer was insufficient given the complexity introduced by the respondents.

Court Disposition

Applicant awarded costs of the motion to be taxed in default of agreement.

Orders

  • Applicant to have the costs of the motion to be taxed in default of agreement.