490 / 736
TAXING MASTER
Mr. David Bell, Solicitor, Lower Ormond
Quay, Dublin
1, has been appointed Junior
Taxing Master with effect from 1 April 1970. It
will be recalled that Master O'Reilly retired in
July 1969, and that it was only as a result of
persistent and continuous representations by the
Council of the Law Society that at long last Mr.
Bell was appointed Taxing Master in addition to
Master de Valera.
CIVIL BILL OFFICER —DUBLIN
The correct address of the following Civil Bill
Officer is now:—
Patrick J. Courtenay C.B.O.,
33 Malahide Road,
Artane,
Dublin 5.
NEW DISTRICT JUSTICES NAMED
Mr. Bernard J. Carroll, Solicitor, of Shanakiel,
Cork, had been appointed a permanent District
Justice, and has been assigned to the Tipperary
South and Waterford West District. Mr. Carroll
has been a temporary Justice since 1st September,
1969.
Mr. Donal T. Kearney. solicitor, of Oldcastle,
Co. Meath, has been appointed a temporary
Justice since 1st September, 1969.
Mr. Donal T. Kearney, solicitor, of Oldcastle,
Co. Meath. has been appointed a
temporary
District Justice for the period 13th February to
30th June 1970; and permanent Justice from
June 8, 1970.
Mr. John H. D. McCay, B.L., Buttevant,
becomes a temporary Justice from June 8 until
July 12 after which he will become a permanent
movable Justice.
Mr. James J. O'Sullivan, solicitor, Portarling-
ton, becomes a temporary Justice from July 13
until July 12, 1971.
The new
appointments
are made
to
fill
vacancies that will arise on the retirement on age
grounds of Justice Walter Molony and Justice
John Farrell.
Justice John J. Delap, a permanent moveable
Justice,
has
been
assigned
to
the Dublin
Metropolitian District from June 8
to succeed
Justice Molony.
Mr. Kearney, who has been a
temporary
Justice will be assigned to the Dublin Metroploi-
tan District
from July 13
to succed Justice
Farrell.
CURRENT LAW DIGEST
SELECTED
Contract
Even though a contract has been completed and pay
ment made, the making of a recklessly false statement
about provision of services in the course of trade or
business may constitute an offence under section 14(1)
of the Trade Descriptions Act, 1968,
their Lordships
decided when allowing a prosecutor's appeal from the
dismissal by Sturminster
justices of an
information
against the builder of a bungalow.
Breed v. Cluett Q.B.D. l/6/'70.
Landlord and Tenant
A
tenant who overholds
is not a
licensee of
/he
Corporation, and cannot be ejected.
Claim by Dublin Corporation to recover possession
from
the Defendant of premises
in Sherriff Street,
Dublin—Defendant held lease of October 1936 for 10
years from third party at annual rent of £300 — In
1941.
Plaintiff
Corporation made
a
compulsory
Purchase Order
to
take over
large area
including
plaintiff's premises and
this was
confirmed bv
the
Minister in March 1943. Bv an arbitrator's award of
May
1945. Defendant was
offered
£500
for
the
purchase of his
interest, but this was not paid. The
Defendant remained in possession of the premises with
the consent of the Plaintiffs. The Corporation allege
that he was only a licensee of theirs, and, that bv a
relevant notice of November 1965. they were entitled
to demand possession;
the Defendant claims
that he
holds under
a
tenancy which has
not been dulv
determined. All correspondence between
the Plaintiff
and the Corporation from 1944 to 1965 was produced
in Court. From
this
it appeared that at
first
the
Corporation treated the Plaintiff as a Tenant UP
to
May 1955. but
the word "Licensee" appears
from
September 1955—the Law Aeent refused an offer of
a new tenancy in March 1962 at the same rent of
£300, but stated
the defendant could continue
in
occupation on the same terms. However in December
1963, the Corporation
issued a 6 months' notice of
possession. The Circuit Court made no order on the
application. The present action was reconstituted on
the basis that defendant had been a licensee.
Held that it was quite clear that the Corporation had
. treated
the plaintiff
as
a
tenant
for years. The
defendant tenant holds under a tenancy which has not
been determined, and has at no time been a licensee.
Plainiff's claim dismissd-
(Dublin Corporation v. Donnelly—McLoughlin J.—
Unreported—29th April 1969).
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