Harding v. Cork County Council & Anor [2006] IEHC 80 (28 February 2006)

Harding v. Cork County Council & Anor [2006] IEHC 80 (28 February 2006)

The High Court has jurisdiction, either under O. 84, r. 25 or its inherent jurisdiction, to grant an interlocutory injunction restraining An Bord Pleanála from processing the appeal prior to the determination of the applicant's leave application for judicial review, provided there is a serious issue to be tried. The statutory threshold for leave is not required for interlocutory relief. No fortified undertaking as to damages is warranted absent proper evidential basis. Judicial review proceedings should not be stayed as the issues raised are properly within the court's jurisdiction and not exclusively within An Bord Pleanála's remit.

Citation
[2006] IEHC 80
Parties
Applicant: Thomas Harding; Respondent: Cork County Council; Respondent: An Bord Pleanála; Notice Party: Kinsale Harbour Resort Developments Limited
Jurisdiction
Ireland
Judgment Date
28 February 2006
Procedural Posture
Judicial Review / Application for Interlocutory Injunction Prior to Leave for Judicial Review
Outcome
Applicant's application for interlocutory injunction granted; notice party's applications refused.
Legal Topics
Interlocutory Injunctions, Judicial Review Procedure, Planning Permission Appeals, Inherent Jurisdiction, Undertaking as to Damages
Administrative Law Planning Law Commercial Law Interlocutory Injunctions Judicial Review Procedure Planning Permission Appeals Inherent Jurisdiction Undertaking as to Damages

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Parties

Thomas Harding

Applicant

Cork County Council

Respondent

An Bord Pleanála

Respondent

Kinsale Harbour Resort Developments Limited

Notice Party

Procedural Posture

Judicial Review / Application for Interlocutory Injunction Prior to Leave for Judicial Review

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant an injunction restraining An Bord Pleanála from processing an appeal prior to leave for judicial review
  2. 2 Appropriate standard for granting interlocutory relief prior to leave for judicial review
  3. 3 Whether a fortified undertaking as to damages should be required

Ratio Decidendi

The High Court has jurisdiction, either under O. 84, r. 25 or its inherent jurisdiction, to grant an interlocutory injunction restraining An Bord Pleanála from processing the appeal prior to the determination of the applicant's leave application for judicial review, provided there is a serious issue to be tried. The statutory threshold for leave is not required for interlocutory relief. No fortified undertaking as to damages is warranted absent proper evidential basis. Judicial review proceedings should not be stayed as the issues raised are properly within the court's jurisdiction and not exclusively within An Bord Pleanála's remit.

Court Disposition

Applicant's application for interlocutory injunction granted; notice party's applications refused.

Orders

  • An Bord Pleanála restrained from proceeding with the appeal until the applicant's leave application for judicial review is adjudicated.
  • Notice party's application for stay of judicial review proceedings refused.