The Gazette 1976

Index to Recent Irish Cases 1976

A i r l ie

and

K e e n an

F a l l o n

(Misrepresentation — Rescission of

contract of sale granted — Return of

deposit to purchaser)

Bank of Ireland v. Sir Basil Goulding

(Residuary personal estate must not

offend against the Rule against

Perpetuities, and must subsequently be

distrubuted as personal estate amongst

next of kin)

Re Blanchardstown and CordufTCompulsory

Area Compulsory Purchase Order 1969

(C.P.O. must relate strictly to lands

acquired)

6 \

Brennan v. Glennon (Interlocutory

Injunction restraining unlawful picketing

upheld)

Buckley's Stores Ltd. v. National Employers

Mutual General Insurance Association

and others (Insurance Company who

refuses to arbitrate is in breach of a

condition, and cannot repudiate

liability) 33

C. & A. Modes Ltd. v. C. & A. (Waterford)

(Injunction to restrain passing-off of

trademark affirmed on appeal)

Re Courts Act 1971 and S.E. O'B. (Mother of

an illegitimate child may claim Affiliation

Order in High Court only by special

leave)

Crummey v. Censorship of Publications

Board (Powers of Board in banning

"Family Planning" to be tested)

De Courcy v. Dowd (Conditional order of

attachment for picketing in violation of

Court order)

Director of Public Prosecutions v. Irish Press

and Goldberg (Order for contempt of

Court discharged) 37

Dolan v. Corn Exchange Buildings (No. 2)

(In Circuit Appeal, High Court may not

state second case to Supreme Court) ..4

Dublin Corporation v. Dublin Cemeteries

Committee (Glasnevin Cemetery not

liable for rates)

Dublin Port and Docks Board v. Bank of

Ireland (Bank not negligent in returning

cheque unpaid)

Fuller and Holiday Inns Ltd. v. Green Dale

Building Co. Ltd. (Property firm to be

paid lower compensation for compulsory

purchase)

Gallagher v. O'Donnell (Apportionment

under Civil Liability Act, 1961, varied on

appeal)

Ann Galligan v. Matthew Galligan (Land

bought from a joint account belongs to

husband and wife equally)

Grange Marketing Ltd. v. M. & O. Plastics

Ltd. (Passing off—Injunction and £1,500

damages awarded)

Grogan v. Byrne (Caution under Road

Traffic Regulations, 1969, re blood

sample)

H. v. H. (Due to mother's adultery, custody

of 3 year old son awarded to father) 6

Harris v. Condensed Milk Co. (Plaintiffs

damages reduced verbally on appeal.... 5

HefFernan Deed. - Heffeman v. Heffernan

—(Taxing Master's discretion not properly

exercised) — Counsel's fees allowed in

full)

Hynes v. Garda Commissioner Garvey

(Garda's dismissal held null and void) 35

Re Interview Ltd. (Ownership of goods

remains in vendors even though in

physical possession of purchasers) .... 17

Irish Trust Bank Ltd. v. Central Bank of

Ireland (Taxation of Costs — Reduced

fees for counsel disallowed)

Jail visits in Mountjoy Prison (Butler J. 12

Re McCann and Kennedy (Motion to

attach for contempt —Writer fined £300

and editor fined £600 for imputing to

Court base motives)

McEnroe v. Leonard (It is unconstitutional

for a contempt of Court case to be tried

without a jury)

McL. v. Adoption Board and Attorney

General (Guardianship of Infants —

Parents of illegitimate child who

subsequently marry are entitled to the

custody of their child who has been

adopted)

Moran v. Dublin Corporation (Compulsory

Purchase Order must relate strictly to

lands acquired by proper Local

Authority

Munnelly v. Calcon Ltd. and Sisk

(Defendants who negligently destroy a

house by not providing support must

restore the premises to their full previous

position)

Murphy v. Quality Homes Ltd. (If living in

uninhabitable house, plaintiff entitled to

damages for inconvenience, and for loss

due to increase in price)

O'Brien v. Seaview Enterprises Ltd. (In sale

of licensed premises, time deemed to be of

essence of contract —In view of delay in

completion, specific performance

refused)

O'D v. Ó'D.(Guardianship of Infants —

Mother awarded custody of two children

of 6 and 3 years)

People (A.G.) v. Patrick Murphy (Customs

offence — Direction given)

People (Michael Byrne) v. Governor of

Mountjoy Prison (Habeas Corpus refused

— Objection to lack of women jurors

overruled)

People (D.P.P.) v. Ferguson (Special Criminal

Court must determine claims of privilege,

and the opinion of a Superintendrnt as to

membership of an illegal organisation) 2

People (D.P.P.) v. Noel and Marie Murray

(Conviction in Special Criminal Court for

capital murder of guard affirmed)

People (D.P.P.) v. Rice (The Special Criminal

Court cannot convict accused for an

offence other than that for which he has

been indicted)

Performing Rights Society Ltd. v. Martin

Communal Aerials Ltd. (Copyright —

Damages for breach disallowed)

Re Poppintree — Balbutcher — Santry

Compulsory Purchase Order, 1967, and

in re Joseph Murphy (Notice to Treat is

date under which compensation is to be

assessed)

Reg Armstrong Motors Ltd. v. Coras

Iompair Eireann, British Rail, Whitty,

Donegan and the Irish Transport and

General Workers Union (Refusal by trade

union to import Opel Motor cars can only

be decided in Plenary Hearing)

S. v. S. (Non-consummation of marriage —

Nullity granted)

Re Patrick Scallan and Intoxicating Liquor

Acts (Granting of licence in shopping

centre refused)

Sibel and Seum v. Kent (Return of deposit for

purchase of farm)

State (Crawley) v. Governor of Mountjoy

(Habeas Corpus refused in case of unruly

prisoner)

State (Crummey) v. Minister for Social

Welfare and the Attorney General

(Certiorari against Social Welfare

Deciding Officer who fails to observe

Natural Justice)

State (De Burca) v. District Justice

O'Huadhaigh (Prohibition to continue

proceedings made absolute)

State (D.P.P.) v. Hibernia National Review

Ltd. and others (Conditional order of

sequestration against periodical and of

attachment against editor)

State (Foran) and the State (Healy) v.

Governor of St. Patrick's Institution and

District Justices O'Reilly and Kennedy

(Convictions quashed because Justices

convicted accused in absence of their

solicitor) 11

Full reasons given by Supreme Court .. 28

State (Gleeson) v. Minister for Defence

(Discharge of soldier from Army quashed,

as he could not defend himself)

State (Harrington) v. Commissioner of Garda

(When legal adviser can be admitted to see

client in Garda Station)

State (Heany) v. Central Mental Hospital

(Habeas Corpus refused when Circuit

Court fixes conditions to purge contempt

of Court)

State (Hennessy and Chariot Inns Ltd. v.

Superintendent Commons (Suitability of

applicant should not be considered, but

only character of company, in application

for

ad interim

license)

State (Hoey) v. Commissioner of Garda

Siochana (Habeas Corpus - Prosecutor

released because detained on suspicion for

a second time for same crime)

State (Hughes) v. Attorney General

(Extradition granted — Judge criticises

false patriotism)

......T

State (McCartan) v. Governor of Mountjoy

(Court extends hours for legal

consultation in civil prison)

State (McCartan) v. Governor of Portlaoise

(Prison Governor ordered to allow visits

by solicitor) 39

State (White) v. Circuit Judge Martin (On

appeal from a District Court sentence, a

Circuit Judge may not impose detention to

follow imprisonment)

State (Commins) v. Governor of Limerick

Prison and Judge Fawsitt (Contempt of

Court —Previous procedure applicable in

accordance with Constitution)

Tempany v. Hynes (Specific performance

granted in sale of registered land subject

to registered judgment mortgage)

United Yeast Co. v. Cameo Investment Ltd.

(Time being essence of the contract will be

strictly supplied — If non-completion due

to vendor's default, purchasers entitled to

rescission and return of deposit)

Waters v. Waters (No. 2) (Guardianship of

Infants — Custody of two boys

transferred to father)

White v. McCooey (Alleged drunkenness of

vendor in signing contract for sale

rejected)

Woods v. Dowd (Declaration that testator

failed in his moral duty to make provision

for his children)