317 / 736
to issue to applicant detailed planning permission
for erection of petrol station at Oxford Road,
Ranelagh, Dublin.
The applicant had first obtained outline plan
ning permission from Department of Local Gov
ernment and the Corporation had granted detailed
planning permission on 18th July 1968,—on 19th
August 1968, the Corporation passed a resolution
which revoked both the outline permission and the
detailed permission.
An appeal was successfully brought against the
decision of O'Keeffe P. The Supreme Court held
that a Conditional Order of Mandamus should
issue against Dublin Corporation on the grounds:
(1) That a revocation cannot be effected until
planning permission has
been
formally
granted and issued
(2) The power of
revocation conferred by
Section
30
of
the Local Government
(Planning and Development) Act 1963, is by
Subsection (8) made a reserved function of
the City Manager, and consequently the
purported revocation by
the Corporation
was invalid.
(State
(Cogley)
v Dublin Corporation and
Macken—Supreme Court (O'Dalaigh C. J., Haugh
and Budd J. J.)—10th October 1968.
BANKRUPTCY
Rescission of Receiving Order
The debtor was a former Solicitor who had been
struck off the roll of Solicitors for misconduct by
the Disciplinary Committee of the Law Society.
His appeals against the striking off had been dis
missed by the Divisional High Court, and by the
Court of Appeal. Subsequently this debtor was
awarded damages in an action in which some of
the issues arising in the disciplinary action had
been canvassed and as a result he applied for
reinstatement in the solicitor's profession, but this
application was dismissed. An appeal against that
decision to the Master of the Rolls is pending. The
debtor was now pursuing three actions in two of
which negotiations for a settlement were pro
ceeding. In June 1968 the the actions were stopped
by the making of a Receiving Order on a Bank
ruptcy Petition presented by the Law Society in
respect of a debt of £2,559 being the costs incurred
by it in the disciplinary and other proceedings.
It was held that it was in the interest of the
Creditors to allow the debtor a short time to pro
ceed with his action to see if they would fructify
in the receipt of monies. Accordingly the receiving
order would be set aside, the official receiver would
be appointed interim receiver, and the bankruptcy
proceedings would be adjourned for a few months.
In Re Click—113 S.J. 172—Court of Appeal
(Harman, Russell and Karminski L. J. J.).
Sale
of Land, Contract Conditional on Grant
of Planning Permission
The plaintiff entered into a contract to purchase
land subject to the condition that the plaintiffs
would
receive
permission
from
the planning
authority to use the property as a transport depot,
and to develope the property by erecting buildings
and carrying out such works and using the prop
erty in such manner as appropriate for a transport
depot and the carrying on of the plaintiffs business
of Road Haulage Contractors in the manner which
was customery. On 5th April outline planning
permission was granted for development of the
site for use as a transport depot. On 7th June the
local authority refused to approve the detailed
plans. The plaintiff then gave notice to the defend
ant that they were rescinding the contract and
claimed the return of the deposit, and brought an
action for a declaration, that they were entitled to
the return of the deposit. On appeal Lord Denn
ing held that on the true construction of the con
tract the condition was not satisfied merely by the
grant of outline planning permission but that
approval
in
detail was
also necessary. The
plaintiffs had to take all reasonable steps to obtain
approval in detail but in this case there was no
obligation upon them to appeal to the Minister
against the local authority's refusal. The condition
in the contract had not been satisfied. The Plain
tiffs were accordingly entitled
to
rescind
the
contract and recover the deposit.
Hargreaves Transport Ltd. v Lynch—(1969)
1
All E.R. 455—Court of Appeal (Lord Denning
M.R., Russell and Widgerry L. J.J.).
LAND REGISTRY
Extension of Compulsory Registration to
Counties Carlow, Laois and Meath
The following statement has been issued by the
Government Information Bureau on behalf of the
Minister for Justice:
The Minister for Justice has made a'ri Order
under section 24 of the Registration of Title Act,
1964 extending compulsory
registration
to
the
Counties of Carlow, Laoighis and Meath. These
particular Counties have been selected by
the
Minister because they have recently been re-sur
veyed by the Ordnance Survey Office. The Order
is entitled the
Compulsory Registration of Owner
ship (Carlow, Laoighis and Meath) Order,
1969.
37