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GAZETTE
JULY/AUGUST
1990
Correspondence
The Editor,
Law Society Gazette,
Blackhall Place,
Dublin 7.
13th February 1990
Saga of a Closing
Dear Sir,
I wish to recount the story of a
particular closing w i th Dublin
County Council where a house was
being sold to my client by way of
a new Transfer Order under the
Tenant Purchase Scheme, with my
client funding the purchase by
means of a building society loan.
My hope is that the telling of the
tale may result in a change for the
better.
1. Accompanied by my client I
attended at the Council's
offices for a 9.30a.m. appoint-
ment to complete the trans-
action. I was in possession of
the building society's loan
cheque which I held in trust
pending comp l e t i on. The
Council's requirements were
that they would attend to the
stamping and registration of
both the Transfer Order and the
mortgage of the building
society and to furnish the
appropriate letter of under-
taking to that effect.
2. The Council official requested
sight of the building society
loan cheque which was made
out in my client's favour. I
explained that my client would
endorse it to the Council but
the official felt he should check
the suggestion w i t h the
Council's Cash Office. He left
the room and returned shortly
afterwards to say that the Cash
Office would not take such an
endorsed building society
cheque but they would take a
building society cheque drawn
directly in favour of the
Council. I pointed out the legal
reality that this amounted to
the same thing - to no avail.
3. I then went to the Council's
Law Agent's office to see if the
legal ramifications of the Bills
of Exchange Acts could be
conveyed to the Cash Office,
but despite the good offices
from that quarter it appeared
that no one in the Cash Office
seemed to have the power to
make a decision to accept an
endorsed building society
cheque.
4. As I was holding the building
society cheque in favour of my
client in trust pending com-
pletion I was not in a position
to negotiate it for a bank draft
in favour of the Council without
prior approval of the building
society. Unfortunately, my
initial efforts to contact the
building society solicitors by
telephone from the Council's
offices were not successful, as
the solicitor concerned was not
in.
5. My stunned client was by now
very upset. We left the
Council's offices together and
went directly to the building
society solicitors' o f f i ces
where they took the building
MR. JUST I CE PETER O'MALLEY
New President of the Circuit Court
Mr. Justice Peter O'Malley has been
appointed President of the Circuit Court
in succession to Mr. Justice Frank Roe,
who retired in May. Mr. Justice
O'Malley has been a judge of the Circuit
Court since 1971 and for many years
was on the Midland Circuit before
moving to the Dublin Circuit four years
ago. He was born in Galway where his
father was professor of surgery in UCG.
He was called to the Bar in 1944 and
took silk in 1963. He is married with six
children.
MR. JUST ICE T. F. ROE
Mr. Justice T. F. (Frank) Roe retired as President of the Circuit Court in May,
and many tributes were paid to him when he sat for the last time in Dublin
on Friday, 18th May 1990. Ernest Margetson, President of the Law Society,
and Nial Fennelly, S.C., Chairman of the Bar Council, both referred to Mr.
Justice Roe's humanity, compassion and understanding and to the efficient
manner in which the business of the Circuit Court had been administered
under his Presidency.
Tributes were also paid by representatives of the Dublin Solicitors' Bar
Association, the Court Registrars, the Chief State Solicitor's Office, the
Gardai and the Probation and Welfare Service.
In responding, Mr. Justice Roe thanked everyone who worked and co-
operated with him over his years as a Judge including barristers, solicitors,
registrars, the Gardai, stenographers, Four Courts' maintenance and
supervisory staff, and, particularly, by name, his court crier, Mr. Paddy Nugent.
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(Photographs - courtesy Irish TimesI
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