The High Court has deferred a decision on costs in a planning enforcement case involving lands at Trevet, Dunshaughlin, pending an inquiry into the property’s rateable valuation.
Meath County Council had sought an order under section 160 of the Planning and Development Act 2000 to restrain Christopher Rooney and Irish Helicopters Limited from carrying out unauthorised development on the lands. The judgment says the parties compromised the proceedings after discussions. The remaining dispute was whether the council’s costs should be assessed on the High Court or Circuit Court scale.
The respondents did not contest that the council was entitled to costs. On behalf of the first respondent, it was argued that the Circuit Court scale should apply because the case could have been brought there. The council sought High Court costs, arguing that no evidence had been provided about the lands’ rateable valuation.
Justice Dunne said the Circuit Court’s jurisdiction in this type of application depended on the rateable valuation, and that no valuation evidence was before her. She considered section 17(1) of the Courts Act 1981, as amended, which limits recoverable costs where a successful party brings proceedings in a court higher than the lowest court with jurisdiction.
The judge said that provision applied even though this case did not concern a claim for damages. She distinguished an earlier case in which the parties had agreed costs as part of a settlement; here, costs remained a live issue for the court to decide.
Justice Dunne did not determine which costs scale applied. She said an inquiry into the lands’ rateable valuation was needed to clarify whether the Circuit Court would have had jurisdiction. If it did, Circuit Court costs should be ordered. In that event, she said the case would be suitable for certification for Senior Counsel, given the nature of the issues. She invited further submissions on how the inquiry should be carried out.