Planning and Development Act 2024
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Costs in relation to certain proceedings | ||
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293. (1) Notwithstanding section 169 of the Legal Services Regulation Act 2015 and Order 99 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), and subject to subsections (2), (3), (4) and (7) of section 298 , each party (including a notice party) to proceedings to which this Chapter applies shall bear its own costs. | ||
(2) Subject to subsection (7) of section 298 , the costs of proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant in proceedings to which this Chapter applies to the extent that the applicant succeeds in obtaining relief, and any of those costs shall be borne by the respondent or notice party, or both of them, to the extent that the actions or omissions of the respondent or notice party, or both of them, contributed to the applicant obtaining relief. | ||
(3) A court may order such costs as it considers reasonable to be paid by a party in proceedings to which this Chapter applies to another party in such proceedings where the court considers it appropriate to do so— | ||
(a) because the court considers that a claim or counterclaim by the party is frivolous or vexatious, | ||
(b) because the court considers that the proceedings are brought for the sole purpose of— | ||
(i) delaying a development, or proposed development, to which the proceedings relate, or | ||
(ii) securing the payment of money, gifts, consideration or other inducement, by any person to any other person, | ||
(c) because of the manner in which the party has conducted the proceedings, or | ||
(d) where the party is in contempt of court. | ||
(4) The costs that a party is ordered to pay to an applicant under subsection (2) shall not exceed the monetary amount prescribed in respect of those costs under section 294 unless the court awarding such costs is satisfied that, due to the exceptional circumstances presented by a particular case— | ||
(a) there is a reason of exceptional public importance for awarding costs exceeding that amount, and | ||
(b) it is in the interests of justice to so award. | ||
(5) An applicant taking proceedings to which this Chapter applies— | ||
(a) shall not be obliged to provide security for costs, and | ||
(b) shall not be obliged to give an undertaking as to damages. |