The Gazette 1976

cost of rebuilding as distinct from market value of destroyed house — (1975 No. 3504P

Restaurant Premises with on-licence — Application for certificate stating that portion of premises a restaurant for purpose of s. 13 of Intoxicating Liquor Act, 1927 — No existing user as restaurant — Public bar in said portion — No 1 jurisdiction to issue certificate — (1976 No. 238 SS - Finlay P. - 29/11/76). Whelan v. Tobin. LIMITATION OF ACTIONS Negligence Motorist — Infant plaintiff injured in motor accident — Driver of car killed in same accident — Plaintiffs action commenced within three years of date of accident against personal representative of driver — Statute requiring that plaintiff's proceedings be commenced within two years after driver's death — Whether plaintiff's property rights protected — Held cause of action barred— Civil Liability Act, 1961, S. 9 - (1969 No. 2136P —Murnaghan J. - 12/7/76). O'Shea v. Greensmyth. LOCAL GOVERNMENT Planning Compensation — Permission for building development refused — Whether intended development involved material change in the use of any structure or other land — Definition of "use" — Applicant entitled to compensation — Local Government (Planning & Development) Act, 1963, ss. 2, 55, 56 - (1976 No. 229 SS - Finlay P. - 21/12/76). In re Viscount Securities Ltd. Planning Notice — Misleading advertisement — Notice of application for permission to erect three temporary prefabricated classrooms in secondary school — New access to school from cul-de-sac also intended — Permission to develop invalid - (1976 No. 3557 P. - McMahon J. - 12/11/76). Keleghan v. Corby. NATURAL JUSTICE Office Holder Dismissal — Member of Defence Forces - Audi alteram partem — Rule ignored — Dismissal invalid — (6/76 - Supreme Court - 1/7/76). The State (Gleeson) v. Minister for Defence. Police Dismissal —Statutory procedure —Right of accused to be informed of allegations — Right to be given opportunity of answering charges - The State (Gleeson) v. Minister for Defence (S.C. — 1/7/76) considered — Garda Siochana (Discipline) Regulations, 1971, reg. 34. (1976 No. 1715P - Hamilton J. - 8/9/76). Hogan v. Minister for Justice. NEGLIGENCE Builder Scaffold - Plaintiff injured in fall from scaffold obtained by plaintiff's employers on hire from 3rd defendants - Plaintiffs employers acting as sub-contractors for 2nd defendants — Plaintiff recovering damages from his employers — Building (Safety, Health & Welfare) Regulations, 1959, reg. 29 - (1973 No. 2940P - Murnaghan J. - 1/12/76). Delaney v. Mather & Piatt Ltd. Demolition Support — Terrace of houses - Demolition of business premises by negligent removal of support from plaintiffs house — Damages the

INFANT Custody See Husband and Wife. INJUNCTION Remedy

- Finlay P. - 30/7/76). Munnelly v. Calcon Ltd. Employer

System of work - Plaintiff railwayman injured in fall from vertical steel ladder — Whether employer should have provided circular metal cage around ladder — Cage not a customary feature of railway installation — No similar accident within 10 years — Defendant's appeal allowed — (137/75 — Supreme Court - 9/2/76). Bradley i>. Coras Iompar Eireann. NEGOTIABLE INSTRUMENTS Cheque Dishonour — Presentment for payment delayed by bank strike — Drawer customer of one branch of bank — Payee customer of another branch — Drawer's account in funds when payee lodged cheque in his branch for collection —Drawer's account insufficient at artificial date chosen by banks as day of settlement at end of strike - Drawer's cheque dishonoured by his (paying) branch — Plaintiff payee claiming damages from bank for negligence and breach of contract — Two branches treated as distinct banks — Plaintiff's claim rejected as paying branch/bank owed no duty to payee — Query whether proper method employed in selecting cheques to be dishonoured — (38/1975 — Supreme Court - 22/7/76). Dublin Port and Docks Board v. Bank of Ireland. Attachment — Civil contempt of court — Detention of person in contempt - Transfer to mental hospital - Whether offence excused by state of mind - (59/1976 - Supreme Court - 14/10/76). The State (Heany) v. Central Mental Hospital. Examiner to prepare accounts — Items in dispute —Matter re-entered in court list for issues to be determined by court —Trial of issues on affidavit and oral evidence — Issues determined by court — Interest on balance found due to retiring partner —Costs of all parties payable out of partnership assets - Partnership Act, 1890, s. 42 - (1970 No. 812P - Kenny J. - 22/1/76). O'Connor v. Woods. PARTNERSHIP Dissolution Transfer - Claim for unliquidated damages in High Court Assault and battery committed in 1970 Summons issued in 1975 No dcfencc delivered Whether plaintiff had absolute right to trial with jury - No trial with jury in Circuit Court Action transferred to Circuit Court - Ronayne v. Ronayne (1970) I.R. 15 considered - (1975 No. 1I83P - McWilliam J. 23/2/76). McDonald i\ Galvin. PRACTICE Action NUISANCE Noise Vibration — Mining activities - Damage to dwellings —Damages in lieu of injunction — (1973 No. 1516P — Gannon J. - (16/2/76). Halpin v. Tara Mines Ltd. ORDER Validity

Damages — Plaintiff seeking interlocutory injunction — Allegation that defendant had induced third party to act in breach of contract with plaintiff — If tort established by plaintiff, damages an adequate remedy — Interlocutory injunction refused — (1976 No. 1494P - Hamilton J. - 8/9/76). Reno Engrais et Produits Chemiques SA. v. Irish Agricultural Wholesale Society Ltd. Method of selection — No objection taken by accused at his trial — Subsequent objection that provisions of Juries Act, 1927, declared unconstitutional — Members of jury all qualified — Conviction valid — Habeas corpus refused - (1976 No. 197 SS - High Court - 12/7/76). The People (Byrne) v. Governor of Mountjoy Prison. Breach of covenant — Forfeiture — Covenant by lessee not to use or permit premises to be used for trade or business purposes without consent in writing of the lessor - Sublease by lessee expressly allowing user for purpose of business —No attempt to remedy breach — Order for recovery of possession — (1972 No. 3328P - McMahon J. - 3/3/76). Walsh v. Legge. New Tenancy Statutory right — Service of notice of intention to claim such relief — Lessor's interest in premises terminating during term granted by him to lessee — Consequent termination of interest of lessee — Lessee unaware of termination of lessor's interest when serving notice —Failure of lessor to inform lessee of facts and to serve statutory notice on superior landlord —Notice of claim served by lessee on superior landlord — New tenancy directed by court — Term of new lease to be 21 years with rent review at end of seven years — (1976 No. 33 - Gannon J. - 31/5/76). Eamonn Andrews Productions Ltd. v. Gaiety Theatre (Dublin) Ltd. Time limit Extension — Intention to claim new tenancy in tenement — Service of notice of intention — Negotiations by respondent to purchase applicant's interest in tenement — Decision of respondent in July, 1974, not to purchase — Decision not communicated to applicant — Tenancy terminating by expiration of term of years on 31 st December — Period for serving notice extended - (D 3255 - Hamilton J. - 25/1/76). Grey Door Hotel Co. Ltd. v. Pembroke Trust. LICENSING ACTS Licence Interim transfer — Nominee of applicant company — Shareholder and director of company having been convicted of offence under licensing code — Whether valid ground for refusing application —Company held to be distinct persona — (153/75 - Supreme Court - 29/7/76). The State (Hennessy) v. Donnelly. 6 JURY Panel LANDLORD AND TENANT Lease