CIRCUIT Court President, Mr Justice Spain, yesterday upheld an appeal by a Tallaght man against an order of the District Court permitting South Dublin County Council to disconnect his water supply for non payment of water charges.
Mr John Gallagher SC, who appears with Mr Doherty for the council, said would be seeking to have the 1995 Act referred to the Supreme Court for clarification.
Last January, the District Court authorised South Dublin County Council to disconnect the water supply of Mr Liam Walsh, of Heather View Drive, Tallaght. The order was stayed pending his appeal to the Circuit Court.
Mr Gallagher said that under the Local Government (Delimitation of Water Supply Disconnection Powers) Act court orders could be obtained on the basis of prima facie evidence contained in a certificate - and a statement signed by an authorised council official confirming non payment.
Mr Gallagher submitted that on production of these documents a court was entitled to make an order discontinuing the supply.
Mr Martin Giblin SC, who appeared with Mr Terry O'Sullivan for Mr Walsh, said the local authority had been relieved by the Act of proving certain matters contained in the certificate, but it had not been relieved of proving matters in the statement.
Mr Justice Spain held in favour of Mr Giblin's submission and ruled that the council was not, entitled to rely exclusively on the certificate.
Mr Gallagher said that as the rulings would have certain consequences for his client, he had been instructed to seek court approval to state a case to the Supreme Court.
Mr Justice Spain reserved making any formal order until today.