The Gazette 1996

GAZETTE

JUNE 1996

prison—applicants pleaded guilty - no representation in court - trial judge failed to inform of right to legal aid - denial of justice - conviction void - applicants released - Road Traffic Act 1961, s. 112 - Constitution of Ireland 1937, 40.4.2° RATING (VALUATION) Kerry County Council v. Patrick Kerins (Supreme Court) 1 February 1996 Case stated - definition of domestic dwelling - chalets - liability to rates - statutory interpretation - purposive approach - whether defendant was in arrears of county rates - whether the chalets were domestic hereditaments within the meaning of the Act and therefore exempt from rates - Local Government (Financial Provisions) Act 1978, s. 1 Denis Coakley & Co. Ltd v. the Commissioner of Valuation (Supreme Court) 7 November 1995 'Machinery' - grain silos and weighbridge in grain handling plant - whether grain handling plant constituted a manufactory - whether equipment was 'machinery' and exempt from assessment - Annual Revision of Rateable Property (Ireland) Amendment Act 1860, ss. 7, 10, 11 - Courts of justice Act 1936 Tolls - defendant entering into agreement with plaintiff - defendant constructing toll road and bridge - toll road dedicated as public road on completion of work - defendant agreeing to occupy toll road for 30 years - defendant agreeing to manage, supervise and operate a system of tolls - plaintiff claiming rates in respect of tolls and ancillary offices - whether defendant in occupation of tolls - whether tolls exempted from rates pursuant to Act - whether defendant deriving profit or use directly from tolls - Poor Relief (Ireland) Act 1838, s. 63 Dublin County Council v. WestIink Toll Bridge Ltd (Supreme Court) 13 February 1996 REAL PROPERTY Housing (New House Grants etc.) Regulations 1990 (Amendment) Regulations 1996 (SI No. 88 of 1996) These Regulations amend the Housing (New House Grants etc.) Regulations 154

1990 to provide for an increase in the minimum floor area for houses and apartments qualifying for new house grants. The increased minimum floor area applies to houses and apartments where the foundations are completed - on or after 1 April 1996. Allied Irish Banks v. Gerard Finnegan and Anor (Supreme Court) 16 February 1996 Family law - financial services - plaintiff seeking order for possession on foot of mortgage created with first- named defendant - second-named defendant was non-disposing spouse, who signed consent form for purposes of Family Home Protection Act - when proceedings issued claimed had not been advised as to meaning and effect of form - form had been signed with first-named defendant's solicitor - plaintiff claimed was stranger to matter - plaintiff claimed was bona fide purchaser without notice and therefore lack of consent could not invalidate mortgage - second defendant sought to have matter sent to plenary hearing - whether plaintiff entitled to rely on validity of consent - whether dispute as to facts more properly determined on plenary hearing - Family Home Protection Act 1976, s. 3 SOCIAL WELFARE Social Welfare Act 1996 (No. 7 of 1996) This Act was signed by the President on 3 April 1996. (Cf. (1996) 14 ILT 108.) Hénry Denny & Sons (Ireland) Ltd t/a Kerry Foods v. Minister for Social Welfare (Carroll J) 18 October 1995 Whether a contract was a contract of service or a contract for services - whether the appeals officer had erred in law in deciding that the terms of the written contract were not decisive - whether the appeals officer had drawn conclusions on the facts which no reasonable person could draw - Social Welfare (Consolidation) Act 1981, ss. 111, 298, 299B, 300(4)

Value-Added Tax (Refund of Tax)(N6. 2) Order 1996 (SI No. 98 of 1996) This Order (which replaces the Value- Added Tax (Refund of Tax) (No. 26) Order 1994) provides for a full repayment of VAT to exempt coach operators, subject to certain conditions, in respect of tax paid on touring coaches of certain age and dimensions. TORT Looney v. Governor and Company of the Bank of Ireland and Anor (Murphy J) 3 November 1995 Defamation - absolute privilege - practice and procedure - action for defamation - contents of affidavit filed in mortgage suit alleged to be defamatory - defendants applying for dismissal of action - whether statement of claim disclosing reasonable cause of action - whether contents of affidavit absolutely privileged - Rules of the Superior Courts 1986, O. 19, r. 28 - Constitution of Ireland 1937, Article 40.3 WILLS In the Matter of the Estate of fohn Hyland, deceased (Murphy J) 22 January 1996 Probate - costs - delay in administration of estate administration proceedings ejectment proceedings - non- compliance with ejectment orders - whether executor entitled to costs of other proceedings - whether such costs should come out of the estate - whether such costs should be taxed In the Matter of the Estate of Evelyn Tomlinson, deceased (Carroll J) 13 February 1996 Residuary bequest - ambiguity - extrinsic evidence - testatrix bequeathing half the residue of her estate to 'National Society for the Prevention of Cruelty to Animals (Dogs and Cats Home), 1 Grand Canal Quay in the City of Dublin - no society existing with identical name - extrinsic evidence admitted to assist in construction of clause - whether testatrix intended to benefit Irish Society for the Prevention of Cruelty to Animals or Dublin Society for the Prevention of Cruelty to Animals - Succession Act 1965, s. 90

TAXATION Finance Bill 1996

This Bill, as amended in the select Committee on Finance and General Affairs, has been passed by Dail Éireann. (Cf. (1996) 14 ILT 131.) 4

IRISH LAW TIMES, JUNE 1996