Costs order varied to allow appellant costs up to date given to accept open offer in injunction proceedings

Costs of legal proceedings – application for interlocutory injunctive relief refused – costs awarded to respondent company - how costs should be properly allocated where, at a late stage of an application for such relief, the defendant offers concessions to the plaintiff which might obviate the need for the Court to adjudicate on the application for an interlocutory injunction – proceedings have become moot – place on a university course withdrawn – Garda vetting - outstanding criminal charges – place deferred – convicted of of an offence of driving under the influence of alcohol – referred to Garda Vetting Committee – argued that conviction did not give rise to concerns about his suitability as a teacher – place withdrawn – appeal refused – proceedings issued – open letter setting out proposals – no response – matter came on for hearing – court found that the applicant got the relief requested in the open letter and there was no need for the hearing – court ordered costs to the college – purpose of the letter was to avoid the hearing - encourage similar defendants to make similar broad offers to obviate the need for interlocutory injunctions – damages were an effective remedy – legal principles governing costs of legal proceedings - discretion in calibrating these various considerations should not be lightly upset by an appellate court - decision of the judge that the appellant had a remedy for his complaint - proposition that the existence of an alternative remedy precludes the grant of discretionary relief is well and clearly established - decision to order costs against the appellant - properly within the court’s discretion - failure of the trial judge to acknowledge the costs incurred by the appellant - should have proceeded to decide whether the costs of the appellant in getting to the point where that remedy was offered for the first time should be awarded in his favour - appropriate course of action would have been to order the costs incurred by the appellant in getting to that point - entitled to some time to consider and take advice on the proposal - costs of a moot interlocutory appeal - appeal should be allowed and the order of High Court varied to the extent that (a) an Order should be made that the appellant recover from the respondent the costs of and consequent upon the application for interlocutory relief up to the date given to accept the offer in the open letter – respondents awarded the costs of the application for an interlocutory injunction not to proceed –