Dun Laoighre Rathdown County Council v. Shackleton [2002] IEHC 2 (23rd January, 2002)

Dun Laoighre Rathdown County Council v. Shackleton [2002] IEHC 2 (23rd January, 2002)

The plaintiff has an arguable cause of action for unjust enrichment based on the pleadings and the Tribunal's decision to investigate the bribery allegations. The balance of convenience favors granting the injunction, subject to payment of compensation admittedly due. Delay by the plaintiff does not preclude relief, especially given the public interest in the Tribunal's inquiry.

Citation
[2002] IEHC 2
Parties
Plaintiff: Plaintiff Local Authority; Defendant: First Defendant (Statutory Arbitrator); Defendant: Second Defendant (Paisley Park Investments Limited and/or Jackson Way Properties Limited)
Jurisdiction
Ireland
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted with proviso for assessment and payment of compensation admittedly due.
Legal Topics
Compulsory Acquisition, Unjust Enrichment, Arbitration, Bribery, Public Interest
Administrative Law Property Law Equity Compulsory Acquisition Unjust Enrichment Arbitration Bribery Public Interest

Case Brief

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Parties

Plaintiff Local Authority

Plaintiff

First Defendant (Statutory Arbitrator)

Defendant

Second Defendant (Paisley Park Investments Limited and/or Jackson Way Properties Limited)

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff has an arguable case for unjust enrichment based on alleged bribery in rezoning land
  2. 2 Whether the court should grant an interlocutory injunction to restrain arbitration pending the Tribunal's inquiry
  3. 3 Whether delay by the plaintiff precludes relief

Ratio Decidendi

The plaintiff has an arguable cause of action for unjust enrichment based on the pleadings and the Tribunal's decision to investigate the bribery allegations. The balance of convenience favors granting the injunction, subject to payment of compensation admittedly due. Delay by the plaintiff does not preclude relief, especially given the public interest in the Tribunal's inquiry.

Court Disposition

Interlocutory injunction granted with proviso for assessment and payment of compensation admittedly due.

Orders

  • Order restraining the first defendant from proceeding with arbitration pending further order.
  • Provision for assessment and payment of compensation admittedly due to the second defendant.