Courts / Tipperary / Report

High Court must reconsider stud farm's injunction against race-track owners

Summary

In 2016 the Supreme Court upheld an appeal by Tipperary Raceway, a motor‑racing track owner, against a High Court injunction that had been granted to Tullamaine Castle Stud. The injunction, issued in 2008, restricted the track's operating times, citing noise that the stud claimed harmed its equine business and constituted a breach of the 2000 Planning and Development Act. The High Court judge, Mr Justice Peter Charleton, found that the track's increased use and noise amounted to a nuisance and that the track had exceeded the hours permitted by its 1981 planning permission. Tipperary Raceway argued that the breach was not subject to the seven‑year limitation period of the Act. The Supreme Court agreed that an injunction might be justified but remitted the case back to the High Court for a fresh hearing, noting that the practice of "drifting" at the track should be restrained until the High Court decided the appropriate form of injunction.

Who, what, where, when and why

What: Report matter: High Court must reconsider stud farm's injunction against race-track owners. Procedural stage: hearing_or_decision

When:

• 2016-07-27 Publication

Why: The judge also rejected the defendants' claim that they were entitled to carry on the activity because of long usage. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• Judge refuses to approve insolvency arrangement for businessman with €3m in debts
• Partner of man who died from brain haemorrhage after being sent home from hospital three times seeks to quash inquest result
• Action brought by subprime lender settled
• Subprime lender claims €1.39m is due on foot of IR£70,000 loan

Read the original CNI report