Incinerator firm Indaver abandons appeal against legal costs
Indaver abandoned its plans yesterday to appeal the costs order made by the president of the High Court, Mr Justice Nicholas Kearns, two weeks ago.
The judge’s decision marked the end of a protracted legal saga over Indaver’s plans to build a €150m incinerator on a site in Ringaskiddy, Co Cork.
In Jul 2011, Indaver sought a judicial review of An Bord Pleanála’s decision to reject planning for the project. It intended to argue that the planning appeals board may not have had a complete picture of the true state of waste plans in Cork when making a decision.
But, last October on the eve of the hearing, the firm dropped its High Court challenge.
It subsequently emerged Indaver was planning to lodge a third application to build incinerators on the same Ringaskiddy site.
In his ruling on Jan 21, Mr Justice Kearns said while Indaver withdrew its legal challenge at the last minute, he found the company prolonged the case without intending to continue it.
Indaver had no bona fide belief in the case after Sept 10, 2012, and its conduct after that “can only be seen as an abuse of the court process”, he said.
Its behaviour resulted in An Board Pleanála and local environmental lobby group Chase (Cork Harbour Alliance for a Safe Environment), which is opposing the incinerator project, incurring significant legal expenses.
He ordered Indaver to pay legal costs for Chase and An Bord Pleanála because of the manner in which it conducted itself during its application for a judicial review.
Chase chairperson Mary O’Leary welcomed the waste company’s decision to drop the costs appeal.
“Indaver’s manipulative approach to the planning process, including the legal process, has been exposed,” she said. “We are glad the disreputable manner in which they conducted themselves in court was recognised.
“We are pleased that this court appeal has now been closed, leaving the Ringaskiddy site without planning, but we are under no illusion about Indaver’s intentions.”
