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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°
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.
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
Dublin County Council v. WestIink
Toll Bridge Ltd
(Supreme Court) 13
February 1996
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
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
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)
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
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
IRISH LAW TIMES, JUNE 1996