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Supreme Court dismisses appeal from High Court, and affirms decision to dismiss for delay a 1999 claim for damages arising from alleged corrupt refusal of planning permission in 1987, where the plaintiff claimed that it was awaiting the outcome of a tribunal of enquiry in proceeding with its action, on the grounds that: (a) the plaintiff had no reason to believe that any material from the tribunal would be of specific assistance in its action; (b) it would not have been possible to pursue the claim on the basis of documentary evidence and a general belief of corruption in the planning process, especially where the original refusal of planning permission had never been challenged by way of judicial review.
O'Malley J (nem diss): Decision to dismiss proceedings on grounds of delay - claim for damages arising from refusal of planning permission - 1987 decision by planning authority to refuse permission to build houses on site of former hotel - sale of lands - subsequent grant of permission to new owner to build houses - explanation given by planning authority for change of decision - 1999 plenary summons - statement of claim delivered in 2001 - allegation that permission had been refused because of a failure to bribe officials - changes of solicitor in 2004 and 2011 - notice for particulars - replies to particulars - reason given for different planning decision - sewerage proposals in successful application - whether reasons were credible - 2012 motion for judgment in default of defence - application by defendant to dismiss proceedings on grounds of delay - whether defendant prejudiced by delay - whether delay excusable - material available as a result of tribunal of enquiry - whether plaintiff entitled to await outcome of tribunal of enquiry - balance of justice - conduct of defendant.
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