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Supreme Court dismisses appeal from High Court, and affirms order striking out a claim against State defendants for alleged breach of the applicants' constitutional right to build a house for which planning permission had been granted, where their planning permission had been quashed by way of judicial review, on the grounds that, although there was medical evidence that the applicants were unable to attend the hearing of the motion to dismiss, there was no conceivable basis upon which the action could succeed.
MacMenamin J (nem diss): Claim against State defendants - order striking out claim - no appearance by plaintiffs at hearing of motion - history of planning application - planning decision overturned by High Court - appeal dismissed - claim against State for breach of alleged 'constitutional right to build a house' for which planning permission had been granted - motion to dismiss - one applicant unwell - repeated adjournment of hearing - discretion as to whether to grant an adjournment - inherent jurisdiction.
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