AN CHÚIRT UACHTARACH

THE SUPREME COURT
O‘Flaherly J, 
Lynch J, 
Barron J., (400/97)

BETWEEN:
NOEL CONROY & HUGH SHEEHAN
Respondents
.v.

ELISH MURPHY
Appellant

Judgment (ex-tempore) delivered on the 26th day of February, 1999, by O’Flaherty J.

We have heard very succinct and telling submissions on each side in this interesting point of costs.

It does appear that the case stated was rather academic. The District Judge was anxious for guidance on this matter so he stated the case. The State took part in the debate before the High Court judge and essentially Dr. Forde’s side won.  I think he is entitled to his full costs. We generally do not like interfering with any order a High Court judge makes in relation to costs because it is quintessentially a matter within his discretion.

The matter would seem to be straightforward enough here that Dr. Forde should get his costs.