Planning and Development Act 2024
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Applications to strike out Part 9 judicial review | ||
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283. (1) A party to Part 9 judicial review proceedings may, by motion on notice (grounded in the manner specified in the applicable Rules of the Superior Courts), apply to the High Court at any time for an order striking out the proceedings for any number of the following reasons: | ||
(a) the applicant does not have a sufficient interest in the grounds pleaded in the Part 9 judicial review proceedings; | ||
(b) the proceedings were not brought within the period— | ||
(i) referred to in subsection (1) of section 281 , or | ||
(ii) ordered under subsection (2) of that section; | ||
(c) the applicant has failed to exhaust any available appeal procedures or any other administrative remedy available in respect of the decision or act concerned; | ||
(d) the grounds pleaded by the applicant disclose no arguable case or are bound to fail. | ||
(2) The High Court may make an order striking out the Part 9 judicial review proceedings to which an application under subsection (1) relates where it is satisfied that at least one of the reasons referred to in paragraphs (a) to (d) of that subsection apply to the proceedings. | ||
(3) Without prejudice to subsection (2), where— | ||
(a) a party applies for an order under this section for the reason that an applicant does not have a sufficient interest in a matter to which a ground pleaded in Part 9 judicial review proceedings relates, and | ||
(b) the High Court is satisfied that some, but not all, of the applicants in the proceedings do not have such a sufficient interest, or that an applicant has such a sufficient interest in some, but not all, of the matters to which a ground pleaded in Part 9 judicial review proceedings relates, | ||
the Court may do one or more of the following as it sees fit: | ||
(i) without striking out the proceedings in their entirety, strike out the proceedings as against any applicant it is satisfied does not have such a sufficient interest; | ||
(ii) direct that an applicant shall not continue the proceedings in relation to a specified matter in respect of which the Court is satisfied that the applicant does not have a sufficient interest; | ||
(iii) make orders consequential on, or necessary to give effect to, a decision under paragraph (i) or (ii). | ||
(4) Without prejudice to subsection (2), where— | ||
(a) a party applies for an order under this section for the reason that the grounds pleaded by an applicant disclose no arguable case or are bound to fail, and | ||
(b) the High Court is satisfied that some, but not all, such grounds disclose no arguable case or are bound to fail, | ||
the Court may— | ||
(i) without striking out the proceedings, direct that an applicant shall not continue the proceedings in relation to a ground or grounds that it considers to disclose no arguable case or to be bound to fail, and | ||
(ii) make orders consequential on, or necessary to give effect to, such direction. |