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GAZETTE
NOVEMBER 1996
ILT DIGEST
OF LEGISLATION AND SUPERIOR COURT DECISIONS
Compiled by DAVID BOYLE
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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
1996)
These
Regulations
amend
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.
6(1) - Aliens Order 1946, art. 4 -
Aliens (Amendment) Order 1975, art. 3
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
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.
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