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Supreme Court: a) dismisses appeal from High Court, and affirms refusal to grant judgment in default of defence and refusal to permit a plaintiff to amend his pleadings, where the action had been commenced in 1987 and the substantive action (a claim against state bodies in relation to a non-statutory scheme for compensation for cattle testing positive for tuberculosis) had been determined by way of a special case in 1991, and where other related actions had failed; and b) adjourns the question of costs to a later date.
O'Donnell J (nem diss): Proceedings of long standing - motion for judgement in default of defence - application to amend pleadings - proceedings commenced in 1987 concerning events dating back to 1983 - determination by European Court of Human Rights that delays were breach of plaintiff's right to have case determined - test for bovine tuberculosis in 1983 - Class B disease under the Disease of Animals Act 1966 - 26 "reactor" cattle found in herd of 103 - belief of plaintiff that there was a flaw in the test - Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1978 (S.I. 256/78) - isolation and destruction of reactor cattle - compensation provisions - informality of compensation scheme - proceedings against state bodies relating to entitlement to compensation - substitution of original statement of claim in 1987 - failure of state to issue defence in time - motion for judgment issued in January 1990 - applications to strike out claims against certain bodies - refusal to grant judgment where defences had been delivered by date of motion - refusal appealed to the Supreme Court in 1990 - direction of trial of special case on issue of non-statutory scheme - special case heard by High Court (Lavan J) in 1991 - claim dismissed - appeal to Supreme Court dismissed - no order for costs against plaintiff - original appeal of motions dismissing claims formally dismissed following dismissal of special case - costs of motions ordered against plaintiff - appeal of order for judgment let stand - reason for allowing appeal to stand - order of Supreme Court in 2010 that outstanding appeal be determined - application to amend statement of claim - "Isaac Wunder" order issued - second set of proceedings issued in 1995, and dismissed in 2004 - third set of proceedings issued in 2013 - dismissed - application to European Court of Human Rights - determination that appeal of motion for judgment had not been determined within reasonable time - award of damages - futility of proceeding with motion once substantive proceedings had been dismissed - abuse of process - res judicata - desire to pursue claim that non-statutory scheme was in breach of constitution - issue estoppel - whether to make order for costs.
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