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High Court awards applicants the costs of their leave applications in two separate applications for judicial review of decisions of respondent to exclude students from school, where injunctions had been obtained, on the grounds that: (a) there was nothing untoward in the way in which the litigation had been conducted; (b) there was no difficulty in finding that the applicants had won both in the High Court and in the Court of Appeal where the respondent's actions had been described as irrational; (c) the mootness of the proceedings was not caused by the unilateral act of one party; and (d) the injunctive relief could not have been sought separately from any underlying proceedings, so the the applicants were entitled to the costs of the leave applications that grounded the injunction applications.
Applications for costs by applicants in two separate sets of judicial review proceedings - challenges to decisions of the respondent excluding the applicants from school in their Leaving Cert year - both applicants obtained leave and then sought injunctive relief ordering their return to school - both applicants previously granted injunctive relief in a single judgment - respondent appealed unsuccessfully to the Court of Appeal - in case of B, appeal was fully dismissed and B awarded his appeal costs - following judgment of High Court B had been successful in s, 29 appeal and indicated that in his view the proceedings were moot but respondent pursued appeal notwithstanding - B seeking costs of leave application, substantive proceedings and present costs application - in case of C, appeal was dismissed subject to a qualification, but High Court order left undisturbed, and C awarded two thirds of his appeal costs - C was not successful in his s. 29 appeal - C seeking costs of leave application and present costs application - whether applicants entitled to their costs.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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