The Supreme Court yesterday rejected the State's application for a stay on an order for costs, estimated at more than £1 million, awarded to four people who successfully challenged the constitutionality of a 1989 Act on the Great Blasket Island.
Mr Justice Budd, in the High Court last March, declared as unconstitutional the Blascaoid Mor National Parks Act, introduced in 1989 by the then Taoiseach, Mr Charles Haughey, in his capacity as Minister for the Gaeltacht. The Act aimed to develop the Great Blasket Island into a national park by acquiring most of it through a compulsory purchase order.
The case lasted about 50 days in the High Court, and Mr Justice Budd delivered his 182-page decision. He held for the plaintiffs and awarded costs to them against the State. The State is appealing the High Court finding, and in the Supreme Court yesterday Mr George Brady SC applied for a stay on the order for costs pending the appeal.
The application for a stay was opposed by Mr James O'Reilly SC, with Dr Michael Forde SC, for the plaintiffs. He said the court should approach the matter on the basis that the High Court was right in its findings. The Chief Justice, Mr Justice Hamilton, said there was nothing in an affidavit filed for the State to say it had good grounds of appeal.
He said the Minister had expressed concern that costs would not be recoverable, but the plaintiffs were persons of substance and were in a position to repay any costs awarded against them. In those circumstances, the court would not grant the application for a stay on the costs order.