The Court of Appeal has ordered Michael Hoey to pay Waterways Ireland’s costs of defending his unsuccessful appeal and refused his request to pause the costs order pending a possible appeal to the Supreme Court.
In a ruling delivered on 18 November 2024, Mr Justice Binchy said the respondent had been entirely successful in the appeal, which the court had dismissed on 31 July. Justices Noonan and Butler authorised him to indicate their agreement with the ruling.
The court had invited Hoey to make written submissions on costs after indicating that Waterways Ireland was entitled to its costs under section 169 of the Legal Services Regulation Act 2015. Hoey submitted that he had “had to forego” several claims made in the original proceedings, including claims concerning costs, expenses and damages. The ruling said it understood him to be referring to the High Court hearing, while clarifying that he had not been required to abandon any ground of appeal to save time.
The High Court had dismissed the proceedings, including the claims Hoey cited, and the Court of Appeal had dismissed his appeal in full. The ruling said he had not explained why those claims should justify an award of costs in his favour or prevent an order for Waterways Ireland’s appeal costs. It also rejected his reliance on section 23 of the Water Supplies Act 1942: the provision concerned expenses recoverable by a Sanitary Authority, and Hoey was not one. The Act was repealed with effect from 28 August 2024, the ruling said, but remained in force when the proceedings were heard.
Hoey also relied generally on costs protections under the Aarhus Convention. The court said he had not made submissions showing that the proceedings fell within the Convention or the Environment (Miscellaneous Provisions) Act 2011. It noted that much of the case concerned economic claims relating to Barge 43M and losses said to arise from the collapse of Canalways Ireland Ltd. The court also said the Attorney General’s scheme he referred to did not apply to proceedings of this kind.
Applying the default rule in section 169 for costs where one party is entirely successful, the court ordered Hoey to pay Waterways Ireland’s costs incurred in connection with the appeal. It refused a stay, finding he had advanced no basis for one. The respondent had opposed a stay, citing proceedings ongoing since 2012 and earlier appeals from High Court decisions and orders.