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High Court: a) amends its own error from a prior unapproved judgment covering its interpretation of recent environmental legislation; b) refuses an order for costs sought by a county council previously joined to the proceedings at its own request, as it was not a necessary party; and c) grants a stay of two further months from the coming into effect of its prior order that the respondents cease the carrying on of quarrying activity at a site in County Dublin to allow those in employment at the site to make alternative plans.
Application for a stay - order that respondents cease activity of quarrying at County Dublin site - county council's application for costs - preliminary matter - written but unapproved judgment - error in interpretation of environmental legislation - whether court should revisit and revise its judgment in light of such error - power to revisit - error now amended with corresponding conclusions also amended - application for costs - local authority deemed to be guilty of culpable delay in substantive proceedings - assistance in conduct of case - Council not a necessary party to proceedings - prima facie disentitled to its costs - considerations of delay relevant to the exercise of court's discretion regarding costs - application refused - application for a stay - prejudice to applicants - new statutory regime - prejudice to applicants - employment at quarry - whether delay in concluding proceedings benefits the respondents - principles applicable to the granting of a stay - de-facto stay already enjoyed by respondents as a result of the particular progression of proceedings - short stay appropriate - two further months granted.
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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