The High Court has refused John Tobin leave to bring judicial review proceedings challenging Limerick City and County Council’s compulsory acquisition of two parcels of land at Daly’s Cross, Collreiry, Co. Limerick. The court held that Tobin lacked sufficient interest because the lands and related rights to litigate had vested in the Official Assignee after his bankruptcy. It also ruled that his challenge to the first vesting order was out of time.
The judgment, delivered by Mr Justice Garrett Simons on 16 November 2023, concerned a contested application for leave to seek judicial review, rather than a full hearing of the proposed challenge. The court said the grounds had to meet the threshold of arguability, but concluded that standing and time-limit issues could be decided at this stage after hearing submissions from all parties.
Tobin was adjudicated bankrupt on 13 November 2017. The judgment says ownership of the two parcels passed to the Official Assignee at that time. The council later served the Official Assignee with notices of its intention to acquire the properties under the Derelict Sites Act 1990. The Official Assignee did not object.
The council also served Tobin with notice relating to the first parcel. He submitted an objection, although the council considered it invalid because he was neither owner nor occupier. The council did not refer the proposed acquisition to An Bord Pleanála and made a vesting order on 24 February 2023. A second order, concerning a former public house on the lands, was made on 29 September 2023.
Tobin argued that he had an implied, revocable licence from the Official Assignee to occupy the lands and was therefore entitled to object. The judge said there was no affidavit evidence supporting the claimed licence or occupation. The court held that the Official Assignee alone had the relevant proprietary interest and the statutory right to decide whether to object or litigate. Even if the orders were set aside, the lands would revert to the Official Assignee, not Tobin.
The court also found the proceedings were brought too late to challenge the February order. They were instituted on 16 October 2023, more than three months after the order. The judgment noted that Tobin had been aware of the acquisition process and had threatened proceedings in letters sent in March, but provided no evidence explaining or justifying the delay. The court refused to extend time.
The judge further held that the constitutional and European Convention arguments did not establish an arguable case that Tobin’s property rights were engaged. The application for leave was refused. The judge’s provisional view was that the respondents should recover their legal costs; the judgment allowed seven days for Tobin’s solicitor to seek a different costs order and arrange a hearing.