Bradshaw v The County Registrar for the County of Tipperary & anor (Rev 1) [2020] IEHC 471 (22 September 2020)

Bradshaw v The County Registrar for the County of Tipperary & anor (Rev 1) [2020] IEHC 471 (22 September 2020)

The applicant's contradictory and unreliable affidavit evidence, failure to pursue more appropriate alternative remedies, and uncontested nature of the Circuit Court application justify refusal of leave and dismissal of the judicial review proceedings.

Citation
[2020] IEHC 471
Parties
Applicant: Robert Bradshaw; First Named Respondent: The County Registrar for the County of Tipperary; Second Named Respondent: George Ross; Notice Party: The Dept of Agriculture, Food and the Marine
Jurisdiction
Ireland
Judgment Date
22 September 2020
Procedural Posture
Judicial Review / Application for Leave
Outcome
Application for Leave to take Judicial Review proceedings not granted; proceedings dismissed.
Legal Topics
Alternative Remedies, Jurisdiction of County Registrar, Equitable Execution, Adjournment, Candour in Affidavit Evidence
Civil Procedure Judicial Review Alternative Remedies Jurisdiction of County Registrar Equitable Execution Adjournment Candour in Affidavit Evidence

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Parties

Robert Bradshaw

Applicant

The County Registrar for the County of Tipperary

First Named Respondent

George Ross

Second Named Respondent

The Dept of Agriculture, Food and the Marine

Notice Party

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether the County Registrar had jurisdiction to make the order challenged
  2. 2 Whether the applicant is entitled to leave for judicial review
  3. 3 Whether the applicant failed to pursue adequate alternative remedies

Ratio Decidendi

The applicant's contradictory and unreliable affidavit evidence, failure to pursue more appropriate alternative remedies, and uncontested nature of the Circuit Court application justify refusal of leave and dismissal of the judicial review proceedings.

Court Disposition

Application for Leave to take Judicial Review proceedings not granted; proceedings dismissed.

Orders

  • First Named Respondent's name removed from proceedings without objection; parties reserve positions on costs.
  • Application for leave refused; proceedings dismissed.