The Supreme Court has refused John Callaghan permission to appeal directly from the High Court in his case against An Bord Pleanála. The determination was delivered on 15 December 2015.
Mr Callaghan wanted to challenge judgments of Costello J. in the High Court, delivered on 11 June and 24 July 2015. Ireland, the Attorney General and the board were respondents, and Element Power Ireland Limited and North Meath Wind Farm Limited were notice parties. All of them opposed the application.
The High Court had certified a single point of law under section 50A(7) of the Planning and Development Act, 2000. The Supreme Court said that certification is not the same as the constitutional test for a Supreme Court appeal.
Mr Callaghan gave delay as a reason for skipping the Court of Appeal. The Supreme Court said that rested on an assumption that a second appeal would follow, which was not a reason in itself.
The Supreme Court said the constitutional structure means that:
"an appeal to the Court of Appeal is the norm, and a direct appeal from the High Court to the Supreme Court is the exception."
It noted that his refused applications for discovery and a protective costs order are already before the Court of Appeal. It found the issue was one of statutory interpretation, better suited to that court, and refused leave.