Aer Rianta yesterday obtained a High Court order for security of costs for legal proceedings taken by Huntstown Air Park Ltd, the company which has been refused planning permission for a second airport terminal at Dublin Airport.
Huntstown has begun an action against Bord Pleanala challenging the refusal and Aer Rianta is a notice party to the proceedings.
Yesterday, Aer Rianta sought an order under Section 390 of the 1963 Companies Act to provide security for its costs at the proposed judicial review which, the company claims, could last four days.
Mr Paul Sreenan SC, for Aer Rianta, said Huntstown had applied for planning permission to build a terminal on lands adjacent to Dublin Airport but had been unsuccessful. A judge was permitted, under Section 390 of the Companies Act, to require sufficient security to be given for costs where there was reason to believe the company would be unable to pay the costs of the defendant should the defendant prove successful.
He said Huntstown, although incorporated in April 1996, had not filed any returns.
In an affidavit, Ms Margaret Sweeney, company secretary with Aer Rianta, said she believed Huntstown was not entitled to judicial review relief. It had indicated earlier this year it was prepared to give a bank guarantee of £50,000 in favour of Aer Rianta but had failed to take any steps to provide such security.
Mr Charles Kelly, solicitor, for Huntstown, in an affidavit, said his client purchased, for £1 million, 62 acres of land at Huntstown House, Cloughran, Co Dublin. The lands were the subject of a planning application for an airport terminal, for which permission was refused by Fingal County Council. Huntstown would be in a position to pay the costs of Aer Rianta if Bord Pleanala succeeded in having the judicial review application rejected.
Granting the security for costs, the President of the High Court, Mr Justice Morris, said mistakes had been found in the affidavits filed on behalf of Huntstown.