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Attachment
Contempt of Court — Civil contempt — Jury
not required for trial of issue —
The State
(Commins) v. Fawsitt
approved — (59/1976
- Supreme Court - 14/10/76).
The State (Heany) v. Central Mental
Hospital.
Attachment
Contempt of Court — civil contempt —
Whether issue may be tried without a jury —
Order of the Court in a civil action disobeyed
by one of the parties — Verdict of jury not
required (
McEnroe
p.
Leonard
9/12/75 not
applied) — Sentence may be of indefinite
duration — Constitution of Ireland, Article
38, s. 5 - (1976 Nos. 64 & 65 SS. - Finlay
P. - 19/3/76).
The State (Commins) v. Fawsitt.
Attachment
Contempt of Court —Criminal contempt —
Bias imputed to judges of Special Criminal
Court —False representation about evidence
tendered against accused at criminal trial —
Conditional order of attachment against
editor of publication —Conditional order of
sequestration against body corporate which
published the contempt — (121/1976 —
Supreme Court - 14/7/76).
The State (D.P.P.) v. Hibernia National
Review Ltd.
Costs
Taxation - Counsel's fees — Principles stated
by Gannon J. in
Dunne v. O'Neill
(1974 I.R.
180) applied (1972 No. 1470P - Parke J. -
12/3/76).
Irish Trust Bank Ltd.
p
. Central Bank of
Ireland.
Procedure
Affiliation — High Court jurisdiction -
Jurisdiction apparently dependent upon
existence of appropriate rules of court —
Rules not made — Jurisdiction not excluded —
Application of existing High Court rules to
create procedure similar to procedure
prescribed by statute — Claim for
maintenance in excess of District Court
jurisdiction - (212/75 - Supreme Court -
29/7/76).
O. v. W.
Time Limit
Extension —
See
Landlord and Tenant.
PRISON
Discipline
Enforcement — Whether a criminal matter —
Limited function of a judicial nature —
C o n s t i t u t i on — P u n i s hme nt not
unconstitutional - (1975 No. 613 SS. -
High Court - 21/1/76).
The State (Murray)
v.
Governor of Limerick
Prison.
RATES
Hereditament
Valuation - Increase in value — Statutory
exclusion from liability to rates arising from
consequential increase in value of
hereditament due to specified works —
Valuation (Ir.) Act, 1852, s. 14 - (Gannon J.
- 21/12/76).
Nixon i'. Commissioner of Valuation.
REAL PROPERTY
Easement
Support Terrace of houses Demolition of
business premises by negligent removal of
support from plaintiffs house during
rebuilding ,)f adjoining house
Measure of
damages to be the cost of rebuilding plaintiffs
house as distinct from market value of
destroyed house - (1975 No. 3504P -
Finlay P. - 30/7/76).
Munnellv v. Calcon Ltd.
Trespass
Building erected — Trespasser acting in belief
that building site belonged to him —Owner
having no knowledge until building completed
in eighth year of ownership — Lack of
attention by owner to his property and failure
to fence plot from surrounding land —
Trespasser having means of knowledge that
he was trespassing — Unjust enrichment —
Ejectment — Order made for possession with
stay to enable defendant to pay value of site
and damages — Stay to be perpetual if
payment made - (1974 No. 2597P - Finlay
P. - 28/7/76).
McMahon
v.
Kerry Co. Council.
REVENUE
Company
Constitution — Distribution of profits —
Company not liable for Corporation Profits
Tax if a "corporate body which by its
constitution is precluded from distributing
any profits among its members" — Company
so precluded by its articles of association —
Revenue claim that provisions in company's
Articles relating to the winding up of the
company allowed a distribution of profits to
its members — Both claims rejected —
Finance Act, 1932, s. 47 - (1974 No. 28 -
Kenny J. 22/1/76).
Wilson
v.
Dunnes Stores (Cork) Ltd.
Income Tax
Forestry — Allowable expenses — Cost of
purchasing and planting young trees to
replace old woodland being a revenue expense
and allowable — Cost of preparing waste land
for planting being a capital expense — Cost of
purchasing and planting young trees on
reclaimed waste land being a capital expense
- Income Tax Act, 1918, Sch. B, rr. 5 & 7 -
(38/1976 - Supreme Court - 20/12/76).
Wilson-Wright
v.
Connolly.
Incotne Tax
Occupier of land — Schedule B —Whether
taxpayer had the use of land — Taxpayer
cultivating, cutting and removing grass from
military aerodrome under licence of Minister
in whom aerodrome was vested —Whether
Act contemplated two users of same land —
Taxpayer not the dominant user and not
assessable under Schedule B — Income Tax
Act, 1967, s. 18 - (13/1975 - Supreme
Court - 20/12/76).
O'Conail
v.
George Shackleton d Sons Ltd.
SALE OF GOODS
Consideration
Failure —Defendant seller not the owner of
goods — Property not vested in plaintiff buyer
—Buyer claiming recovery of price of goods
— Quasi contract — Seller handing over price
to owner of goods who became hirer under
sham hire-purchase agreement with buyer as
a device for obtaining a loan — Plaintiff
having no knowledge of true facts — Agency
— Agent's knowledge of fraud or misfeasance
against his principal not imputed to principal
— (97/1975 - Supreme Court - 19/3/76).
United Dominions Trust (Ir.) Ltd.
v.
Shannon
Care Hire Vans Ltd.
SALE OF LAND
Contract
Breach — Discharge — Recission — Sale of
licensed premises with intoxicating liquor
licence as going concern —No express term
stipulating that date fixed by contract for
completion to be of essence of contract —
Normally such term implied by law in
contracts for sale of such premises —
Existence of express term relating to interest
on purchase money after completion date and
conduct of parties excluding implication of
such term — Consequently term implied by
law that sale (if not completed on or before)
should be completed within reasonable period
after completion date —Deliberate delay by
purchaser who tried to provide purchase
money by sale of other property in order to
avoid necessity of obtaining bridging loan
otherwise required to enable him to complete
— Vendor not informed of reason for
purchaser's delay — No conveyancing or title
difficulties — After expiration of 3 months
demand by vendor that purchaser complete
within 14 days — Failure of purchaser to so
complete — Rescission (and return of deposit)
by vendor — Plaintiff purchaser's claim for
specific performance — Judgment for
defendant — Purchaser in breach of implied
term to complete within reasonable period
after completion date — (Circuit Appeal —
Finlay P. - 31/5/76).
O'Brien v. Seaview Enterprises Ltd.
Contract
Formation — Agreement "subject to
contract" — Facts supporting inference that
parties had concluded a contract to buy and
sell property — Phrase used to indicate that
provisions of existing agreement should be
recorded in formal written document —
Execution of formal contract by vendor not a
condition precedent to his liability — (1976
No. 377P - McWilliam J. - 3/11/76).
O'Flakerty v. Arvan Properties Ltd.
Contract
Formation — Knowledge of terms — Foreign
purchaser unable to speak English — No
independent advice — Contract prepared and
deposit taken by helpful estate agent —
Express term that deposit ( | of £72,500) to
be forfeited in event of purchaser failing to
complete — Purchaser signing memorandum
of contract — Purchaser having no knowledge
of express term or nature of a deposit —
Purchaser failing to complete — Plaintiff
purchaser recovering deposit with accrued
interest - (1975 No. 748P - Finlay P. -
1/6/76).
Siebel
v.
Kent.
Contract
Recission — Licensed premises — Defendant
vendor misrepresenting amount of current
turnover of business —Misrepresentation an
inducement to contract — Plaintiff entitled to
rescind — Sale also invalidated by unlawful
use of puffer at auction contrary to Sale of
Land by Auction Act, 1867 - (1974 No.
983P - Hamilton J. - 27/1/76).
Early
v.
Fallon.
Contract
Specific performance - Damages in addition
- Breach by defendant of contract to build
house for plaintiff - Plaintiffs action
compromised — Compromise including sale
of defective house by plaintifT to defendant —
Failure of defendant to implement
compromise — Specific performance ordered
— Damages awarded to plaintiff for loss of
bargain in purchase of other property because
of defendant's failure to pay purchase price —
Damages awarded for discomfort and
inconvenience suffered by plaintifT — (1975
No. 4344P - McWilliam J. - 22/6/76).
Murphy v. Quality Homes.