The High Court has awarded costs to a man for his unsuccessful High Court attempt last year to prevent roadworks on the controversial Carrickmines Castle site in south Co Dublin.
In awarding Dominic Dunne costs of his action against Dún Laoghaire-Rathdown County Council and the Minister for the Environment, Heritage and Local Government, Ms Justice Mary Laffoy said Mr Dunne brought the proceedings as a private citizen concerned about the impact of proposed roadworks on the castle site.
She said the issues raised were "truly of general public importance" and it was in the public interest that they should be clarified. While she had found against Mr Dunne, that did not prevent a ruling in his favour on costs.
Of particular significance was that Mr Dunne had in earlier proceedings secured an order halting works at the castle being carried out without a valid consent under the National Monuments Act. That finding had led to the making of a joint consent which was later successfully challenged in other court proceedings.
The special circumstances of the case warranted a departure from the normal rule that costs should follow the event (be awarded to the winning side), the judge said. She would direct that Mr Dunne, a driver, of Collins Square, Benburb Street, Dublin, should receive his costs from the defendants.
Last December, the Supreme Court refused to grant an injunction halting further works on the Carrickmines Castle site.
The order was sought pending the full hearing of Mr Dunne's appeal to the Supreme Court against Ms Justice Laffoy's rejection of his case.
Last September, following her rejection of Mr Dunne's case, Ms Justice Laffoy had lifted a stay on works at Carrickmines.
In his High Court proceedings, Mr Dunne had sought a declaration that sections of the National Monuments (Amendment) Act, 2004, are invalid and, secondly, an injunction restraining interference with a national monument at Carrickmines.
Dún Laoghaire-Rathdown Council and the Minister opposed the proceedings. The remains of the castle are being left undisturbed, it was stated.
