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1969/70 at the Annual General Meeting of the
Medico-Legal Society of Ireland held recently.
Patron:
The Chief Justice, the Hon. Cearbhall
O Dalaigh.
President:
Dr. Patrick Bofin.
Immediate Past President:
Niall McCarthy Esq.
S.C.
Vice Presidents:
The Hon. Mr. Justice Kenny,
Mr. Edward Fahy, B.L., Dr. F. McLaughlin, Dr.
H. Jocelyn Eustace, Mr. Donough O'Donovan.
Hon. Secretary:
Miss Thelma King.
Hon. Treasurer:
Mr. Raymond Downey.
Council:
Miss A. B. Cassidy B.L., Professor
Maurice Hickey, Professor P. D. Holland, Captain
James A. Kelly, Miss Carmel Killeen, Professor
Patrick Meenan, Dr. Desmond McGrath, Mr.
Brendan McGrath, Mr. Matthew Russell B.L., Dr.
Brian Woods.
RECENT DECISIONS
LIVESTOCK MARTS ACT
UNCONSTITUTIONAL
Plaintiffs, 3 co-operative societies and 4 farmers,
seek declaration that Sections 3 and 4 of Livestock
Marts Act 1967 are unconstitutional. Section 3
inter alia states that the Minister may attach to
the license such conditions as he shall think proper,
and that the Minister may at his sole discretion
amend or revoke a condition attached to
the
license. By Section 4, the Minister may grant or
withdraw an exemption to take out a licence under
the Act at any time.
The President, Mr. Justice O'Keeffe, granting
the declaration, held that sections 3 and 4 of the
Act, by conferring an unfettered discretion upon
the Minister, infringed Article 40, Section 1, of the
Constitution, which states that "All citizens shall,
as human persons, be held equal before the law",
as such discretion gives a wide scope for differ-
entation between individual citizens.
(East Donegal Co-operative Livestock Mart and
Others v
the Attorney-General,—O'Keelfe P.—
22nd May 1969—unreported).
SECURITY FOR COSTS
PRINCIPLES APPLICABLE
In November 1967, Plaintiff obtained Judgment
against Defendant in the English High Court for
£45,595. The judgment remained unsatisfied, and
consequently the Plaintiff instituted bankruptcy
proceedings in England, and the Defendant was
adjudged a bankrupt on 26th March 1968. In his
statement of affairs,
the bankrupt disclosed a
deficiency of £286,535. On 26th February 1969
Plaintiff obtained judgement in Irish High Court
against defendant for £45,595 and costs. An appeal
was lodged by Defendant on 21st March 1968, on
the alleged ground that the High Court had no
jurisdiction to entertain the suit. Substituted ser
vice on behalf of Defendant was effected on David
Blandford as a result of an order of Butler J.
dated 6th September 1967; an appearance was
entered by a Dublin solicitor for Defendant on
llth October.
In his affidavit,
the Defendant
stated:
(1) That he had never been a citizen of Ireland
(2) That he was not domiciled in Ireland
(3) That he had never had any transaction with
the Plaintiff in Ireland, and that the sum
due was on foot of an overdraft in England.
It was held in the High Court that, by entering
an appearance, the Defendant had accepted the
Irish jurisdiction and could not raise this question.
The Plaintiff then brought a notice of motion to
the Supreme Court to order Defendant to provide
security
for costs before proceeding with
the
appearance. Under Order 58, Rule 18, security for
costs for an appearance shall be given as directed
by special circumstances by the Supreme Court,
Walsh J. reviewed the previous cases, and listed
the following principles arising from them: —
(1) The Supreme Court is free to order security
in any type of case
(2) Poverty alone is not sufficient to warrant the
making of an order for security
(3) However poverty or unsufficiency of assets
on the part of the applicant was an essential
requisite for the making of such order
(4) If a point of law of public importance had
to be decided by the Supreme Court, the
Court could refuse to order security, if the
effect of such an order was to prevent the
important point of law from being heard.
In this case, the Plaintiffs are entitled to an
order for security for costs, particularly as the
Defendant has no assets, and was resident outside
the jurisdiction.
(Midland Bank Ltd. v David Crossly—Cooke—
Supreme Court. (Walsh, Budd and Fitzgerald J. J.)
—22nd May 1969)
Preliminary Refusal to Issue Detailed
Planning Permission for Erection of Petrol
Station Unreasonable
O'Keeffe P.
refuses application for conditional
order of Mandamus against Dublin Corporation
36