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AN CHÚIRT UACHTARACH
THE SUPREME COURT
Supreme Court Record No. 2023/58
O'Donnell C.J.
Dunne J.
Donnelly J.
BETWEEN/
ELECTRICITY SUPPLY BOARD
Respondent/Cross Appellant
-and-
PAUL GOOD
Respondent
-and-
PETER O'REILLY AND ROSE O'REILLY
Appellants/Cross Appeal Respondents/Notice Parties
JUDGMENT of Mr. Justice Woulfe delivered on the 5th day of June, 2025
1. I have had the benefit of reading a draft of the judgment which Murray J. proposes to deliver herein, and I am happy to confirm my agreement with his reasoning and with his conclusions on all issues, other than the constitutional issue.
2. As regards the constitutional issue, I have some doubts about the conclusion on this issue arrived at by Murray J., i.e. that a limitation of compensation for the imposition of the rights provided for in s. 53 of the Electricity (Supply) Act 1927, as amended, to exclude losses in the form of devaluation of property by reason of injurious affects experienced by landowners such as the O'Reilly's', would not be constitutionally invalid.
3. However, I would prefer to reserve my position on the constitutional issue for a case where it is necessary to decide such issue, and I do not believe it is necessary to do so in the present case.