The Gazette 1996

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GAZETTE

NOVEMBER 1996

ILT DIGEST OF LEGISLATION AND SUPERIOR COURT DECISIONS Compiled by DAVID BOYLE

6(1) - Aliens Order 1946, art. 4 - Aliens (Amendment) Order 1975, art. 3

sold free from encumbrances - existence of charges over property - trial judge found for the plaintiffs - appeal to Supreme Court - admission of new evidence - principles to be applied - whether findings of trial judge correct - whether plaintiff should be permitted to admit new evidence - whether new evidence is material to the case - Conveyancing Act 1871, s. 7 CRIMINAL Criminal Assets Bureau Bill 1996 This Bill has been amended in the Select Committee on Finance and General Affairs. (Cf. (1996) 14 ILT 220) Criminal Justice (Drug Trafficking) Act 1996 (Commencement) Order 1996 (SI No. 257 of 1996) This Order brings the Criminal Justice (Drug Trafficking) Act 1996 into operation with effect from 9 September 1996. Director of Public Prosecutions (at the suit of Detective Garda Con Houlihan) v. Paul Gencer and the Minister for Education (Hamilton CJ, Blayney, Denham, Barrington and Keane )J) 11 June 1996 Sentencing - child - consultative case stated - child convicted of burglary by District Judge - District Judge of view that child should be sent to a certified reformatory school - no provision for religious instruction on curriculum of certified reformatory school - District Judge of view that certified reformatory school not conducted in accordance with doctrines of Roman Catholic church - District judge stating case for the opinion of the High Court - appeal to the Supreme Court - Children Act 1908 - Children Act 1941 Director of Public Prosecutions v. Eugene Martin and Anor (Flood J) 23 May 1996 Bail - independent surety - conditions of bail - failure of accused to appear - application to estreat bail - dereliction of duty - judicial discretion - bail estreated - Fines (Ireland) Act 1851, s. 10

AGRICULTURE European Communities (Trade in Bovine Breeding Animals, their Semen, Ova and Embryos) (Amendment) Regulations 1996 (SI No. 233 of 1996) These Regulations, which amend the European Communities (Trade in Bovine Breeding Animals, their Semen, Ova and Embryos) Regulations 1996, grant Authorised Officers the right of direct entry, without the necessity to obtain a search warrant, to any premises, farm, vehicle, etc. other than a private dwelling. European Communities (Additives in Feedingstuffs) (Amendment) (No. 2) Regulations 1996 (SI No. 252 of the European Communities (Additives in Feedingstuffs) Regulations 1989 so as to give effect to Commission Directive 96/7/EC (which itself amends Annexes I and II to Council Directive 70/524/EEC) concerning additives in animal feedingstuffs, with regard to the additives authorised in feedingstuffs and their conditions of use. ALIENS In the matter of a prosecution pending in the Dublin Metropolitan District Court between Detective Garda Oliver Gleeson at the suit of the Minister for Justice (Complainant) v. Chi Ho Cheung (Defendant) (Geoghegan J) 18 |une 1996 Aliens - case stated - immigration - alien employed in State without permit - alien prosecuted under provisions of Aliens Act - dispute as to when alien commenced employment - provision of Act only allows for offence to be committed on entry into employment - whether provision can be construed as to allow for an offence to be committed on each day that employment continues - whether provision has to be construed as allowing for offence to be committed on date of commencement of employment only - whether summons to be dismissed - Aliens Act 1935, s. 1996) These Regulations amend

COMMERCIAL LAW Irish Takeover Panel Bill 1996

This Bill, as presented by Mr Pat Rabbite, TD, Minister of State at the Department of Enterprise and Employment, aims to provide for the establishment of a Takeover Panel, the function of which would be to monitor and supervise takeovers and certain other transactions in relation to securities in certain companies. It is envisaged that the Panel would provide protection for shareholders and support and credibility for the Irish financial markets following the separation of the Irish Stock Exchange from London. Bank of Ireland Finance Ltd and Anor v. Nicholas Browne and Anor (Laffoy J) 24 June 1996 Charges - failure to discharge debt - secured order for possession - debt sold to another company - new company sought to execute order for possession - whether right to enforce possession waived - no agreement to waive - leave to issue execution on foot of order for possession granted - Rules of the Superior Courts 1986, O. 17, r. 4, O. 42 r. 23, 24 COMPANY LAW In Re Cavan Crystal Group Ltd (In Receivership) (Murphy J) 26 April 1996 Application for declaration that directors of insolvent company should not hold company directorship for five year period - whether directors had acted responsibly and honestly - whether person who was nominee director within meaning of s. 150 of Companies Act 1990 also had to show he had acted honestly and responsibly - Companies Act 1990, ss. 149, 150, CONTRACT Cadden and Anor v. McCaffrey and Anor (Supreme Court) 20 May 1996 Agreement to sell a hotel - hotel to be

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