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Supreme Court dismisses appeal from High Court, and affirms order dismissing a claim for a planning injunction, where the plaintiff had failed in earlier judicial review proceedings, and was either seeking to litigate the same issues, or to litigate issues that could have been raised in the earlier proceedings, on the grounds that the claim was an abuse of process, or bound to fail.
O'Malley J (nem diss): Development of student accommodation - longrunning litigation - appeal from decision to strike out application for planning injunction - matters decided in earlier proceedings - abuse of process - Section 160 of the Planning and Development Act 2000 - unauthorised developments - discretion of court to make order - planning permission granted in 1999 - permission granted on appeal in 2000 - judicial review - history of litigation - compliance with planning permission - omission of a floor - boilers and boiler rooms - increase in bed spaces - laying of services and utilities - delay - discovery - whether case was bound to fail.
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