Kenny -v- An Bord Pleanála

High Court decision of Mr. Justice Cooke

This is an ex parte application by the plaintiff for liberty to issue a plenary summons in the Central Office of the High Court in a proceeding to be brought against the above named defendant in which it is proposed to claim as the principal relief an injunction restraining the defendant and the City Sheriff (although the latter is not to be joined as a party,) from enforcing an order for costs recovered by the defendant against the plaintiff in a proceeding between the same parties bearing the record number 2000/532 JR. The leave of the Court to issue the summons is necessary because an order of 30th March, 2006, ( Clarke J.) in a case brought by this plaintiff against the Provost, Fellows and Scholars of the University of Dublin, Trinity College (“the University”) and An Bord Pleanála (Record No. 2005/3320P) included a so-called “Isaac Wunder order” which restrains the plaintiff from issuing:

“…any further proceedings against the second named defendant herein without the prior leave of this Honourable Court save in respect of making an application for leave to seek judicial review seeking to challenge on new grounds the grant of the planning permission on the basis of the fraud which he contends subject to persuading this Honourable Court that an extension of time for the making of such an application be granted.”

2. So far as the Court can gather from the narrative endorsement on the proposed summons, an injunction to restrain execution of the existing order for costs in favour of the defendant is to be sought upon the basis that the applicant has made a complaint to the European Commission about the outcome of the judicial review proceeding he took against the defendant and the University in relation to a planning permission granted to the latter for student residences at Dartry, Dublin, on a property adjacent to the plaintiff’s house. The plaintiff also proposes to allege that an application which he made to the High Court by way of judicial

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Reference Info:n/a | Ireland

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