High Court, in proceedings in which the applicant was unsuccessful in seeking a declaration that the Irish Financial Services Appeals Tribunal acted ultra vires its powers by demanding the payment of an appeal fee, finds that there is no basis for a refusal of an order for costs in favour of the wholly successful respondent party, on the grounds that: (a) the justice of the case was met by not departing from the normal rule that costs should follow the event; (b) and no circumstances had been established by the applicant to displace the presumptive right to costs.
High Court – costs – Order 99 of the Rules of the Superior Courts – Legal Services Regulation Act 2015 - applicant had sought declaration against Financial Services Appeals Tribunal that it acted ultra vires in demanding the payment of an appeal fee of €5000 that was not applicable to an appeal brought under section 31 of the Anglo-Irish Bank Corporation Act 2009 – legal principles – Court noted that ‘event’, for the purposes of the Court’s decision on costs, meant the complete success of the Respondent – Court noted that to ‘follow’ meant the Court was to award costs in favour of the successful party – Court was satisfied, having considered all relevant factors, that it could not identify any reason rooted in the facts to justify a departure from the normal rule – Court held that taking O. 99 and s. 169 together, the position was that the Respondent was entitled to an award of costs, unless the nature or circumstances of the particular case, including the conduct of the parties, meant that the interests of justice required otherwise – Court could not identify any valid reason to justify denying the respondent its presumptive right to costs – Court satisfied that no valid basis existed for it to exercise its discretion to depart from the normal rule – Court satisfied that the proceedings were not brought in the public interest in any sense – Court satisfied that justice of the case met by not departing from the normal rule that costs should follow the event.