The Supreme Court has ordered that Brian Curtin receive half the costs of his High Court proceedings and half the costs of his appeal, payable by the Attorney General. It refused his application for full costs and made no costs order for or against any other party.
The ruling, delivered by Chief Justice Murray on 6 April 2006, concerned costs following the Court’s 9 March 2006 judgment. Curtin had sought an order for his costs. The Attorney General and other parties sought costs of the appeal against him, and made similar applications regarding the High Court proceedings. Costs awarded in the High Court on other matters were outside the dispute.
The Court said Curtin had been refused all the relief he sought in the High Court and on appeal, and had lost on a number of distinct issues. It rejected his argument that he should receive costs because he had succeeded on a core issue: whether fair procedures required two adjudications concerning a proposal to remove him from office—first, whether alleged stated misbehaviour had been established, and second, whether it warranted removal. The Court said that point had been raised in a different context from the one it decided, and did not entitle him to the relief sought.
However, the Court found special circumstances to depart from the usual rule that costs follow the outcome. It said the appeal raised fundamental questions about the constitutional powers of the Executive, Legislature and Judiciary, and how those powers may be exercised. The Constitution did not specify procedures for the Houses of the Oireachtas to follow when considering a motion to remove a judge, and neither House had adopted procedures before Curtin’s removal was raised.
The Court described the constitutional questions as novel and said the case required it to interpret Article 35 and clarify how the Houses should address the final adjudication process if they reached a final decision. It said its guidance would provide certainty and reduce the risk of later litigation. On that basis, it characterised the case as exceptional and sui generis, and awarded Curtin half his costs against the Attorney General.