430 / 448
GAZETTE
wpuld also begin the process of
removing the Department of Health
from
detailed
involvement
in
operational matters.
PLANNING AND DEVELOPMENT
Local Government (Planning and
Development) Regulations 1996 (SI
No. 100 of 1996)
These Regulations lower the threshold
at which afforestation
requires
planning permission from 200
hectares to 70 hectares.
The
Regulations will come into operation
on 1 October 1996 and should be
read in conjunction with the European
Communities (Environmental Impact
Assessment) Regulations 1996 (supra:
ENVIRONMENTAL).
Brendan Flynn v. Wicklow County
Council
(Flood J) 1 December 1995
Planning law - judicial review -
extension of planning permission -
application procedures - time limits
for informing applicant of a refusal -
whether applicant obtained extension
by default - whether respondent
informed applicant of its refusal to
grant an extension to planning
permission in the time provided -
Local Government (Planning and
Development) Acts 1963-1990
PRACTICE AND PROCEDURE
Alison
Bloomer
and
Ors
v.
Incorporated Law Society of Ireland
and Ors
(Supreme Court) 6 February
1996
Costs awarded against plaintiffs in
unsuccessful High Court action -
appeal - whether if High Court had
made declaration that first named
defendant's regulation invalid on
European law grounds costs as to
validity of regulation would have
been awarded to plaintiffs - costs of
appeal to Supreme Court - whether
costs incurred in connection with
unfounded allegations should be
allowed - propriety of submission
made to Supreme Court
Minister for Finance v. TaxingMaster
James Flynn and Ors
(Carroll )) 9
February 1996
Costs - Taxation - taxing master -
allowable expenses - status
of
witnesses - expert advisors - statutory
interpretation - discretion of taxing
master - judicial review of taxing
master's decision -
certiorari
and
mandamus
- whether taxing master
correct in law - whether taxing
master's decision should be quashed -
whether costs of advisors who did not
give oral evidence allowable -
Tribunals of Enquiry (Evidence)
(Amendment) Act 1979, s. 6 - Rules of
the Superior Courts 1986, O. 99, r.
37(18), Appendix W, Items 16 & 1 7
Palamos Properties Ltd and Anor v.
Philip T. Hickey and Ors
(Flood J) 11
January 1995
Notice of motion - foreign plaintiff -
status of plaintiff - negligence alleged
- amendment of pleadings - new
causes of action - delay in seeking
relief - principles to be applied -
discretion of the court - potential
prejudice because of amendment -
whether plaintiff validly in existence -
whether
pleadings
should
be
amended
-
whether
parties
prejudiced by amendment
District Court (Local Government
(Delimitation of Water Supply
Disconnection Powers) Act 1995)
Rules 1996 (SI No. 93 of 1996)
These Rules prescribe the procedure
to be followed and the form to be
used by a Sanitary Authority in
making applications to the Court for
an Order to discontinue a supply of
water for domestic purposes under s.
3(2) of the Local Government
(Delimitation of Water
Supply
Disconnection Powers) Act 1995.
The Rules came into operation on 19
April 1996.
CPA Group pic v. Governor and
Company of the Bank of Ireland and
Anor
(Supreme Court) 9 November
1995
Commercial law - aircraft impounded
for non-payment of charges by lessee
- owner of aircraft entered into
agreement with charge's creditor to
secure possession of aircraft pending
resolution of matter -
aircraft
delivered to owner in exchange for
letter of credit procured by owner -
term of agreement that letter of credit
could be presented for payment if
accompanied by judgment of court of
competent jurisdiction - judgment
obtained against lessee and presented
with letter of credit - owner alleged
judgment referred to had to be against
owner not lessee - issued proceedings
for breach of contract - motion to
strike out claim as unsustainable -
whether plaintiff's claim was based on
breach of agreement or breach of
terms of letter of credit - whether
plaintiff's claim meant going behind
the terms of a letter of credit which
was not permissible - Rules of the
Superior Courts 1986, O. 19, r. 28
Primor pic (formerly PMPA Insurance
pic) under administration v. Stokes
Kennedy Crowley
and
Primor pic
(formerly PMPA Insurance pic) under
administration v. Oliver Freaney and
Co.
(Supreme Court) 19 December
1995
Dismissal for want of prosecution -
inordinate and inexcusable delay -
defendants prejudiced by delay -
concept of fairness and justice - delay
or acquiesence by the defendant is
only one of the ingredients to be
considered - pertinent to enquire if
the plaintiff is capable of succeeding -
prejudice to the defendant to be
considered - proceedings dismissed -
Insurance (No. 2) Act 1983, s. 2 -
Rules of the Superior Courts 1986, O.
63, r. 1, O. 122, r. 11
Philip Smyth and Anor v. Hugh
Tunney and Ors
(Supreme Court) 2
November 1995
Evidence - application for leave to
adduce further evidence - credibility
of evidence - influence of such
evidence on the result of the case
Louise Maude Richardson v, larnrod
Éireann - Irish Rail (Morris J) 14
December 1995
Notice of motion - application for
judgment - accident on train - letter
of explanation sent to plaintiff liability
of defendant - admissions of fact by
defendant - whether admissions were
admissions of material facts - whether
plaintiff entitled to judgment on such
admissions - Rules of the Superior
Courts 1986, O. 32, r. 6
Countyglen pic v. John Carway and
Ors
(Supreme Court) 12 February
1996
Application for adjournment of action
- refused by trial judge - appeal to
Supreme Court - matters including
third-party discovery and replies to
particulars to be resolved - whether
Supreme Court should interfere with
discretion of trial judge - Companies
Acts 1963-1990
Lena Marie Murphy (a minor) v. J.
Donohoe Ltd and Ors
and
James
Joseph Murphy (a minor) v. J.
Donohoe Ltd and Ors
Discovery - failure to comply with
discovery order - defence struck out -
appeal - principles to be applied -
whether appellants made proper
discovery - whether appeal should be
allowed - Rules of the Superior Courts
1986, Orders 16, 31, r. 21
Patrick Anthony McSorley and Anor
v. Governor of Mountjoy Prison
(Murphy J) 16 February 1996
Habaus corpus
- detention in
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