P.T. & Anor v Wicklow County Council [2019] IECA 346 (19 December 2019)

The respondent's decision of 20 February 2018 was based on new information and changed circumstances, not a unilateral act in response to the proceedings; therefore, no order for costs is appropriate and each party should bear their own costs.

Citation: [2019] IECA 346
Parties: Applicant/appellant: PT; Applicant/appellant: AT (a minor suing by her mother and next friend PT); Respondent: Wicklow County Council
Jurisdiction: Ireland
Judgment Date: 19 December 2019
Procedural Posture: Judicial Review / Appeal on Costs After Proceedings Rendered Moot
Outcome: Appeal allowed; order for costs against appellants vacated.
Legal Topics: Judicial Review, Emergency Homeless Accommodation, Costs in Moot Proceedings

Administrative Law Housing Law Civil Procedure Judicial Review Emergency Homeless Accommodation Costs in Moot Proceedings

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Parties

Applicant/appellant

AT (a minor suing by her mother and next friend PT)

Applicant/appellant

Wicklow County Council

Respondent

Procedural Posture

Judicial Review / Appeal on Costs After Proceedings Rendered Moot

Legal Issues

1 Whether costs should be awarded when proceedings become moot due to a fresh decision by a statutory body
2 Whether the respondent's later decision was a unilateral act or caused by external circumstances
3 Whether new information justified the respondent's change of position

Ratio Decidendi

Court Disposition

Appeal allowed; order for costs against appellants vacated.

Orders

Order vacating High Court order that appellants bear costs; substituted with order that each party bear their own costs.