Court of Appeal dismisses appeals brought by a Garda against decisions refusing discovery and interrogatories, and the substantive appeal against the decision refusing to quash a costs order made against him, on the grounds, inter alia, that: the trial judge was correct in her conclusion that the pleadings did not disclose any plea of discrimination, whether in the matter of costs or in the matter of unfairly discriminatory procedures being applied to the appellant; and there was no want of fair procedures on the part of the tribunal chairman in the process leading to the costs decision.
Costs of legal proceedings – application to quash costs order against Garda - Disclosures Tribunal - term of reference (n) – application for costs – costs decision – judicial review issued - interrogatories – discovery – discovery appeal - no reference at all to inequality of treatment - requirement for clear pleading in judicial review proceedings - no clear pleading of discrimination or unequal treatment - no attempt to amend the pleadings prior to the substantive hearing in the High Court - High Court judge was correct in her conclusion that the pleadings did not disclose any plea of discrimination, whether in the matter of costs, or in the matter of unfairly discriminatory procedures being applied to the Appellant – appeal against interrogatories decision dismissed – main appeal – statutory framework – principles governing costs of tribunals of inquiry – grounds of appeal – respondent’s notice – substantive findings of the tribunal – knowing conduct - gave his evidence on the basis of a sincere but mistaken view of the position – express findings – not inferences - allegation is not information - no error on the part of the Judge regarding issue - appellant did not “Fall on his sword” - fair procedures arguments - judicial discretion and Administration of Justice – unequal treatment – protected disclosures – appeal dismissed.