O'Brien v. Bord na Mona & Anor [1982] IESC 1; [1983] IR 255 (9 December 1982)

O'Brien v. Bord na Mona & Anor [1982] IESC 1; [1983] IR 255 (9 December 1982)

The Supreme Court held that the making of a compulsory acquisition order by Bord na Mona is an administrative act, not a judicial one, and thus does not violate constitutional rights by lacking an appeal or confirmation by an external authority. However, Bord na Mona failed to properly consider the plaintiff's specific objection, breaching natural justice, rendering the acquisition order null and void.

Citation
[1983] IR 255
Parties
Plaintiff: Richard O'Brien; Defendant: Bord na Mona; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
09 December 1982
Procedural Posture
Constitutional Challenge and Administrative Law Appeal / Supreme Court Appeal From High Court
Outcome
Declaration that ss.29 and 30 of the Turf Development Act, 1946, are not invalid; Bord na Mona's acquisition order declared null and void for breach of natural justice.
Legal Topics
Compulsory Acquisition, Natural Justice, Constitutionality of Statutes, Procedural Fairness
Constitutional Law Administrative Law Property Law Compulsory Acquisition Natural Justice Constitutionality of Statutes Procedural Fairness

Case Brief

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Parties

Richard O'Brien

Plaintiff

Bord na Mona

Defendant

Attorney General

Defendant

Procedural Posture

Constitutional Challenge and Administrative Law Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Are ss.29 and 30 of the Turf Development Act, 1946, invalid having regard to the Constitution?
  2. 2 Did Bord na Mona act in breach of natural and constitutional justice in its procedures for compulsory acquisition?

Ratio Decidendi

The Supreme Court held that the making of a compulsory acquisition order by Bord na Mona is an administrative act, not a judicial one, and thus does not violate constitutional rights by lacking an appeal or confirmation by an external authority. However, Bord na Mona failed to properly consider the plaintiff's specific objection, breaching natural justice, rendering the acquisition order null and void.

Court Disposition

Declaration that ss.29 and 30 of the Turf Development Act, 1946, are not invalid; Bord na Mona's acquisition order declared null and void for breach of natural justice.

Orders

  • Declaration setting aside High Court's finding of unconstitutionality of ss.29 and 30
  • Declaration that Bord na Mona's compulsory acquisition order is null and void