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INFANT
Custody
See
Husband and Wife.
INJUNCTION
Remedy
Damages — Plaintiff seeking interlocutory
injunction — Allegation that defendant had
induced third party to act in breach of
contract with plaintiff — If tort established by
plaintiff, damages an adequate remedy —
Interlocutory injunction refused — (1976 No.
1494P - Hamilton J. - 8/9/76).
Reno Engrais et Produits Chemiques SA.
v.
Irish Agricultural Wholesale Society Ltd.
JURY
Panel
Method of selection — No objection taken by
accused at his trial — Subsequent objection
that provisions of Juries Act, 1927, declared
unconstitutional — Members of jury all
qualified — Conviction valid — Habeas corpus
refused - (1976 No. 197 SS - High Court -
12/7/76).
The People (Byrne) v. Governor of Mountjoy
Prison.
LANDLORD AND TENANT
Lease
Breach of covenant — Forfeiture — Covenant
by lessee not to use or permit premises to be
used for trade or business purposes without
consent in writing of the lessor - Sublease by
lessee expressly allowing user for purpose of
business —No attempt to remedy breach —
Order for recovery of possession — (1972
No. 3328P - McMahon J. - 3/3/76).
Walsh v. Legge.
New Tenancy
Statutory right — Service of notice of intention
to claim such relief — Lessor's interest in
premises terminating during term granted by
him to lessee — Consequent termination of
interest of lessee — Lessee unaware of
termination of lessor's interest when serving
notice —Failure of lessor to inform lessee of
facts and to serve statutory notice on superior
landlord —Notice of claim served by lessee
on superior landlord — New tenancy directed
by court — Term of new lease to be 21 years
with rent review at end of seven years —
(1976 No. 33 - Gannon J. - 31/5/76).
Eamonn Andrews Productions Ltd.
v.
Gaiety
Theatre (Dublin) Ltd.
Time limit
Extension — Intention to claim new tenancy
in tenement — Service of notice of intention —
Negotiations by respondent to purchase
applicant's interest in tenement — Decision of
respondent in July, 1974, not to purchase —
Decision not communicated to applicant —
Tenancy terminating by expiration of term of
years on 31 st December — Period for serving
notice extended - (D 3255 - Hamilton J. -
25/1/76).
Grey Door Hotel Co. Ltd.
v.
Pembroke
Trust.
LICENSING ACTS
Licence
Interim transfer — Nominee of applicant
company — Shareholder and director of
company having been convicted of offence
under licensing code — Whether valid
ground for refusing application —Company
held to be distinct persona — (153/75 -
Supreme Court - 29/7/76).
The State (Hennessy) v. Donnelly.
6
Restaurant
Premises with on-licence — Application for
certificate stating that portion of premises a
restaurant for purpose of s. 13 of Intoxicating
Liquor Act, 1927 — No existing user as
restaurant — Public bar in said portion — No
1
jurisdiction to issue certificate — (1976 No.
238 SS - Finlay P. - 29/11/76).
Whelan v. Tobin.
LIMITATION OF ACTIONS
Negligence
Motorist — Infant plaintiff injured in motor
accident — Driver of car killed in same
accident — Plaintiffs action commenced
within three years of date of accident against
personal representative of driver — Statute
requiring that plaintiff's proceedings be
commenced within two years after driver's
death — Whether plaintiff's property rights
protected — Held cause of action barred—
Civil Liability Act, 1961, S. 9 - (1969 No.
2136P —Murnaghan J. - 12/7/76).
O'Shea
v.
Greensmyth.
LOCAL GOVERNMENT
Planning
Compensation — Permission for building
development refused — Whether intended
development involved material change in the
use of any structure or other land —
Definition of "use" — Applicant entitled to
compensation — Local Government
(Planning & Development) Act, 1963, ss. 2,
55, 56 - (1976 No. 229 SS - Finlay P. -
21/12/76).
In re Viscount Securities Ltd.
Planning
Notice — Misleading advertisement — Notice
of application for permission to erect three
temporary prefabricated classrooms in
secondary school — New access to school
from cul-de-sac also intended — Permission to
develop invalid - (1976 No. 3557 P. -
McMahon J. - 12/11/76).
Keleghan v. Corby.
NATURAL JUSTICE
Office Holder
Dismissal — Member of Defence Forces -
Audi alteram partem — Rule ignored —
Dismissal invalid — (6/76 - Supreme Court
- 1/7/76).
The State (Gleeson) v. Minister for Defence.
Police
Dismissal —Statutory procedure —Right of
accused to be informed of allegations — Right
to be given opportunity of answering charges
- The State (Gleeson) v. Minister for Defence
(S.C. — 1/7/76) considered — Garda
Siochana (Discipline) Regulations, 1971, reg.
34. (1976 No. 1715P - Hamilton J. -
8/9/76).
Hogan v. Minister for Justice.
NEGLIGENCE
Builder
Scaffold - Plaintiff injured in fall from
scaffold obtained by plaintiff's employers on
hire from 3rd defendants - Plaintiffs
employers acting as sub-contractors for 2nd
defendants — Plaintiff recovering damages
from his employers — Building (Safety,
Health & Welfare) Regulations, 1959, reg. 29
- (1973 No. 2940P - Murnaghan J. -
1/12/76).
Delaney v. Mather & Piatt Ltd.
Demolition
Support — Terrace of houses - Demolition of
business premises by negligent removal of
support from plaintiffs house — Damages the
cost of rebuilding as distinct from market
value of destroyed house — (1975 No. 3504P
- Finlay P. - 30/7/76).
Munnelly v. Calcon Ltd.
Employer
System of work - Plaintiff railwayman
injured in fall from vertical steel ladder —
Whether employer should have provided
circular metal cage around ladder — Cage not
a customary feature of railway installation —
No similar accident within 10 years —
Defendant's appeal allowed — (137/75 —
Supreme Court - 9/2/76).
Bradley i>. Coras Iompar Eireann.
NEGOTIABLE INSTRUMENTS
Cheque
Dishonour — Presentment for payment
delayed by bank strike — Drawer customer of
one branch of bank — Payee customer of
another branch — Drawer's account in funds
when payee lodged cheque in his branch for
collection —Drawer's account insufficient at
artificial date chosen by banks as day of
settlement at end of strike - Drawer's cheque
dishonoured by his (paying) branch —
Plaintiff payee claiming damages from bank
for negligence and breach of contract — Two
branches treated as distinct banks —
Plaintiff's claim rejected as paying
branch/bank owed no duty to payee — Query
whether proper method employed in selecting
cheques to be dishonoured — (38/1975 —
Supreme Court - 22/7/76).
Dublin Port and Docks Board v. Bank of
Ireland.
NUISANCE
Noise
Vibration — Mining activities - Damage to
dwellings —Damages in lieu of injunction —
(1973 No. 1516P — Gannon J. - (16/2/76).
Halpin v. Tara Mines Ltd.
ORDER
Validity
Attachment — Civil contempt of court —
Detention of person in contempt - Transfer
to mental hospital - Whether offence excused
by state of mind - (59/1976 - Supreme
Court - 14/10/76).
The State (Heany) v. Central Mental
Hospital.
PARTNERSHIP
Dissolution
Examiner to prepare accounts — Items in
dispute —Matter re-entered in court list for
issues to be determined by court —Trial of
issues on affidavit and oral evidence — Issues
determined by court — Interest on balance
found due to retiring partner —Costs of all
parties payable out of partnership assets -
Partnership Act, 1890, s. 42 - (1970 No.
812P - Kenny J. - 22/1/76).
O'Connor v. Woods.
PRACTICE
Action
Transfer - Claim for unliquidated damages in
High Court Assault and battery committed
in 1970
Summons issued in 1975
No
dcfencc delivered
Whether plaintiff had
absolute right to trial with jury - No trial
with jury in Circuit Court
Action
transferred to Circuit Court -
Ronayne
v.
Ronayne
(1970) I.R. 15 considered - (1975
No. 1I83P - McWilliam J.
23/2/76).
McDonald i\ Galvin.