The High Court has awarded four residents the bulk of their legal costs arising from their successful wind turbine noise nuisance proceedings against Meenacloghspar (Wind) Limited, but has refused to order an interim payment while the company pursues an appeal.
Margaret Webster and Keith Rollo, and Ross Shorten and Joan Carty, had previously established that noise from turbine T2 caused an actionable nuisance during night-time and quiet waking hours. The court granted injunctive relief to abate that nuisance and awarded damages.
In the latest judgment, Ms Justice Emily Egan held that the residents were not technically “entirely successful” because several distinct claims failed. However, she found they were overwhelmingly successful on the central nuisance issue, which had occupied most of the evidence, expert analysis and hearing time.
The residents were awarded 100% of their costs of determining the wind turbine noise nuisance claim in the first module and their full costs of the second module concerning injunctive relief. They were also awarded the bulk of their costs in the damages module.
The wind farm company did, however, receive costs for specific unsuccessful elements. These included the evidence of planning experts on the residents’ failed section 160 planning enforcement claim. There was no order for costs concerning the Webster-Rollo personal injuries claim, while the company received limited costs relating to Keith Rollo’s unsuccessful accommodation and reinstatement claims.
Egan J rejected the company’s argument that the residents should lose costs because the first liability hearing substantially exceeded its original time estimate. The judge found that the complexity of the evidence and the parties’ highly contested approach made the extended hearing necessary.
The residents also sought payment of part of their costs before formal adjudication, citing the financial burden of the litigation. The court refused. Egan J said such an order would be a significant departure from normal practice where liability and quantum are both being appealed.
The costs orders, and their adjudication, were therefore stayed pending the intended appeal.