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High Court, in judicial review proceedings concerning the granting of an aquaculture licence, grants leave to applicant to cross-examine expert deponents of respondent on specific issues on the grounds that: (a) there were clear issues in dispute between the parties, and the resolution of those issues was material to the determination of the proceedings; and (b) the applicant was entitled cross-examine the experts as the onus of proof was on it, and cross-examination was the only way in which it could succeed on the issues.
High Court - judicial review - applicant sought to have quashed a decision by the first respondent to grant an aquaculture licence to the first notice party to build and operate a salmon farm in Cork - application for licence in June 2011 - judgment concerned only the allegation that the first respondent erred in law in its consideration and decision as it related to the issue of the likelihood of eutrophication of the waters of Bantry Bay by reason of the operation of the proposed salmon farm - where the applicant should have leave to cross-examine the expert deponents of the respondents on this issue - legal principles - applicant entitled to seek to lay the evidential basis for a possible finding its favour on the issues - leave granted to issue a notice of cross-examination for cross-examination on a number of issues
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