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Contract
Specific performance —Licensed premises —
Memorandum not invalidated by intoxication
of defendant vendor — Acquisition of licence
by plaintiff not mentioned by either party —
Delay by plaintiff — Damages in lieu of
specific performance - (1973 No. 1412P -
Gannon J. - 26/4/76).
White v. Mc Cooey.
Contract
Specific performance — Purchase price not
ascertained — Purchase of landlord's interest
by tenant — Provision that price to be the
number of years purchase of rent that would
be fixed under Landlord and Tenant (Ground
Rents) Act, 1967, if rent reserved were a
ground rent within the meaning of that Act —
Price of purchase of ground rent under Act of
1967 ascertained by county registrar —
Registrar declining to perform function
sought to be imposed on him by tenant —
Tenant claiming specific performance of
contract by landlord — Contract failing to
specify person to fix price — Price essential to
contract — No concluding agreement —
Specific performance refused — (1973 No.
236IP - Hamilton J. - 18/6/76).
Carr
v.
Phelan.
Judgment mortgage
Registered land — Contract of sale —
Registration of judgment mortgage as burden
on Folio after execution of contract by owner
and before conveyance — Interest of
purchaser superior to that of judgment
creditor - Registration of Title Act, 1964, s.
71 - (145/75 - Supreme Court - 1/6/76).
Tempany
v.
Hynes.
SOCIAL WELFARE
Benefit
Entitlement — Alienation of property in order
to qualify for benefit - Claim rejected —
(1975 No. 362 SS. - Gannon J. - 2/2/76).
The State (Power)
v.
Moran.
Benefit
Hospital services — Geriatric ward of court —
Whether ward was receiving "in-patient
services" under s. 51 of Health Act, 1970, or
"institutional assistance" under s. 54 of
Health Act, 1953 - Whether ward
chargeable for maintenance — (133/75 —
Supreme Court - 20/12/76).
In re Mclnerney.
Insurance
Contribution — Special rate for employees of
public authorities - Whether General
Medical Services (Payments) Board a public
authority - (1976 No. 121 Sp. - Hamilton J.
30/11/76).
General Medical Services (Payments) Board
v. Minister for Social Welfare.
Pension
Qualifications - Non-contributory Old Age
pension — Applicant alienating property
before application - Whether alienation
effected to qualify for pension —Decision of
appeals officer rejecting application —
Evidence to support decision —Decision not
invalidated by consideration of irrelevant
factors - (1976 No. 362 SS. - Gannon J.
2/2/76).
The State (Power)
v.
Moran.
STATE SIDE
Certiorari
Criminal offence — Admission by applicant
and plea of guilty — Conviction of applicant
8
in District Court — Conviction affirmed on
appeal to Circuit Court — Applicant alleging
absence of evidence which would have been
essential to support conviction —Application
refused on ground that court would not
enquire into allegation in certiorari
proceedings - (1976 No. 122 SS -
McWilliam J. - 17/8/76).
The State (Lee-Kiddier) v. Dunleavy.
Certiorari
Refusal — Conviction in District Court —
Trial alleged to have been unsatisfactory —
Certiorari proceedings not a substitute for an
appeal —Conditional order refused — Illegal
fishing by foreign ship - (1976 No. 502 SS -
Finlay P. - 15/12/76).
The State (Shinkaruk) v. Carroll.
Habeas corpus
Constitution — Convicted prisoner —
Disturbed state of mind and history of self-
inflicted injuries — Stringent conditions of
detention — Right of bodily integrity not
infringed - (1975 No. 140 SS. - Finlay P. -
13/4/76).
The State (Crawley)
v.
Governor of Mountjoy
Prison.
Habeas corpus
Contempt of Court — Imprisonment of
indefinite duration — Civil Contempt —
Prisoner transferred from prison to mental
hospital — Imprisonment replaced by
detention for treatment — Applicant in lawful
custody - (1976 No. 11 SS. - Finlay P. -
19/3/76).
The State (Heany)
v.
Central
Mental
Hospital.
Habeas corpus
Treatment of detainee — Conduct of police
enquiry — Whether ill-treatment would
invalidate lawfulness of detention — (1976
No. 439 SS - Finlay P. - 14/12/76).
The State (Harrington) v. Commissioner of
Garda Siochana.
STATUTE
Interpretation
Conflcting provisions — Companies Act,
1963, ss. 99, 104 - (1976 No. 37 Sp. -
Hamilton J. - 10/12/76).
Lombard A Ulster Banking (Ir.) Ltd. v.
Amurec Ltd. (In Liquidation).
Natural Justice
Delegated legislation — Statutory instrument
— Imposition of price control for sale of
intoxicating liquor - Legislative power not
exercised arbitrarily or capriciously — (1974
No. 1146P - McMahon J. - 28/6/76).
Cassidy
v.
Minister for Industry
and
Commerce.
TRADE MARK
Registration
"Aphrodisia" — Non-medicated soaps,
perfumes etc. — No direct reference to
character of goods — Not adapted to
distinguish and not registerable in Part A—
Mark not incapable of distinguishing
applicant's goods and registerable in Part B —
(1968 No. 219 Sp. - Kenny J. - 31/3/76).
Fabergé Inc. v. Controller of Patents etc.
Registration
"Durex" — Class 10 —Surgeons gloves and
finger stalls - Whether public likely to be
deceived or confused — Trade Marks Act,
1963, s. 19 - (1974 Nos. 239-43 -
Hamilton J. - 13/7/76).
L.R.C. International Ltd. v. Controller of
Trade Marks.
TRADE NAMES & DESIGNS
Passing off
Packaging — Similar designs — Equipment
for slimming — Plaintiff not the owners of
relevant goods but sole distributing agents of
the owner — Judgment for the plaintiffs —
(1976 No. 80P - McWilliam J. 17/6/76).
Grange Marketing Ltd. v. M.
A
Q. Plastic
Products Ltd.
TRADE UNION
Trade Dispute
Picketing — Closure of factory and cessation
of business — Employer paying redundancy
money — Former employees in dispute about
non-employment — Trade dispute in existence
and injunction to restrain picketing refused —
(1976 No. 3509P - Hamilton J. -
22/9/16).
Gouldings Chemicals Ltd. v. Bolger.
Trade Dispute
Picketing — Seasonal worker — Application
for employment refused because of
unsatisfactory work when employed by
plaintiff on previous occasion — Dispute
about non-employment — Trade dispute in
existence — Interlocutory injunction refused
- (1976 No. 4860P. - Hamilton J. -
19/11/76).
McHenry Bros. Ltd. v. Carey.
TRIBUNAL
Decision
Validity — Evidence to support decision —
Decision not invalidated by consideration of
irrelevant factors - (1976 No. 362 SS
Gannon J. - 2/2/76).
The State (Power) v. Moran.
TRUSTS
Will
Bequest — Whether precatory trust or
absolute gift - (1974 No. 374 Sp. -
Hamilton J. - 14/5/76).
In re Sweeney: Hillary v. Sweeney.
WILL
Construction
Devise of "freehold land" — Testator owning
property under long lease —
Falsa
demonstratio non nocet —
Lease for 10,000
years with provision for abatement of rent —
No rent paid for 40 years — Presumption that
rent redeemed — Bequest of leasehold interest
to tenant for life —Provision that life tenant
use premises as principal residence not void
for uncertainty but void under s. 51 of the
Settled Land Act, 1882 - Costs payable out
of specific bequest - (1974 No. 94 Sp. -
Kenny J. - 30/3/76).
In re Atkins, deceased.
Construction
Precatory trust or absolute bequest -
Universal devise and bequest to wife "for her
own absolute use and benefit" subject to
express wish that she makes provision for the
payment of specified legacies —Wife entitled
beneficially —No trust or condition attached
to bequest - (1974 No. 374 Sp. - Hamilton
J. - 14/5/76).
In re Sweeney: Hillary v. Sweeney.
WORDS AND PHRASES
"Chips"
Prosecution for breach of condition imposed
in granting permission for user of premises as
"fried fish and chip shop" - Condition
imposed under Local Government (Planning
and Development) Act 1963 - (1976 No. 36
SS - Finlay P. - 1/6/76).
Corporation of Dublin w. Raso.