Grimes v. Punchestown Developments Co. Ltd. [2002] IESC 79 (20 December 2002)

Grimes v. Punchestown Developments Co. Ltd. [2002] IESC 79 (20 December 2002)

The applicant failed to demonstrate circumstances warranting departure from the general rule that costs follow the event; the High Court exercised its discretion properly and judicially in awarding costs against the applicant.

Citation
[2002] IESC 79
Parties
Applicant/appellant: Tommy Grimes; Respondent: Punchestown Developments Company Limited; Respondent: MCD Promotions Limited
Jurisdiction
Ireland
Judgment Date
20 December 2002
Procedural Posture
Appeal / Supreme Court Judgment on Costs
Outcome
Appeal dismissed; High Court order as to costs affirmed.
Legal Topics
Costs in Litigation, Planning Permission, Material Change of Use, Public Watchdog Role
Administrative Law Planning Law Costs in Litigation Planning Permission Material Change of Use Public Watchdog Role

Case Brief

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Parties

Tommy Grimes

Applicant/appellant

Punchestown Developments Company Limited

Respondent

MCD Promotions Limited

Respondent

Procedural Posture

Appeal / Supreme Court Judgment on Costs

Legal Issues

  1. 1 Whether the High Court erred in awarding costs against the applicant under s. 27 of the Local Government (Planning and Development) Act, 1976
  2. 2 Whether the applicant's public watchdog role justified departure from the general rule that costs follow the event

Ratio Decidendi

The applicant failed to demonstrate circumstances warranting departure from the general rule that costs follow the event; the High Court exercised its discretion properly and judicially in awarding costs against the applicant.

Court Disposition

Appeal dismissed; High Court order as to costs affirmed.

Orders

  • Applicant to pay respondents' costs when taxed and ascertained.