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Notice party not entitled to costs in supplemental judicial review application
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High Court, in supplemental judgment: (a) refuses an application to alter or add to an order of certiorari granted in 2008 in respect of the grant of a certificate of exemption, where the certificate had been presumed valid and relied on until the grant of the order, but was rendered null and void by the order, and where separate proceedings were pending under planning legislation; and (b) refuses an order for costs as between the respondent authority and a notice party, notwithstanding that the notice party had been largely unsuccessful in its legal submissions.
Judicial review - grant of certificate DD457 to company by Docklands Development Authority in 2007 - s. 25(7) of the Dublin Docklands Development Authority Act 1997 - decision to grant certificate ultra vires - certificate to exempt development from restriction - dispute as to meaning of order of certiorari - previous judgment delivered in 2008 - decision presumed to be lawful prior to order of certiorari in 2008 - order rendered decision null and void ab initio - both decision and certificate rendered null and void - effect of order of certiorari on development carried out prior to order - costs - whether to award costs as between notice party and respondent.
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