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Question of whether Property Registration Authority enjoys quasi-immunity from costs did not arise on facts of case
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Court of Appeal dismisses appeal from High Court, and affirms order for costs in judicial review proceedings made against the Property Registration Authority (which claimed it was immune from costs on the basis that it was exercising its quasi-judicial function, and due to the fact it had taken no active step in the proceedings), on the grounds that the Authority was exercising purely routine administrative functions which did not involve any adjudication upon the respective rights of the parties, and thus the question of any quasi-immunity from costs in respect of the discharge of any quasi-judicial or adjudicatory functions did not arise.
Costs – appeal by the Property Registration Authority against an order for costs made in judicial review proceedings – s. 49 of the Registration of Title Act 1964 – whether it would be inappropriate, by reason of the quasi-judicial nature of its statutory functions, to have any costs order made against the Authority in circumstances where it had taken no active step in the proceedings – immunity from costs in uncontested cases – land registration had proceeded without reference to Mr. Walsh – High Court made an order by consent quashing the registration of Coillte as owner of the lands in question – whether the Authority enjoys a form of quasi-immunity from costs in these circumstances by reason of the fact that it was itself acting in a quasi-judicial capacity – Authority did not, in fact, exercise any power of adjudication in the present case as between the rival claims – Authority was exercising purely routine administrative functions which did not involve any adjudication upon the respective rights of the parties – appeal dismissed.
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