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GAZETTE
N O V E M B E R
1978
RECENT IRISH CASES
CRIMINAL INJURY
Motor Car maliciously damaged and
parts removed — Claim for
compensation for damage caused and
for the replacement of parts removed
— Measure of compensation. Cost
of parts removed not recoverable.
On the 17 October, 1975 the
applicant parked his car, which was
in good condition and fit for driving,
at Percy Place, Dublin. When he
returned he found that the car had
been driven by someone without his
consent for a distance of 200 yards,
that the four wheels and tyres had
been removed and the car left
propped up on concrete blocks. In
addition, the lock of one of the doors
and of the boot had been forced open
and the upholstery of the rere seat
had been ripped. TTie four wheels and
tyres were not recovered and there
was no evidence that they had been
damaged.
The cost of repairing the damage
(apart from the replacement of the
wheels and tyres) was £49.10, and
the cost of replacing the wheels and
tyres was £157.61. The applicant
included the cost of replacing the
wheels and tyres in his claim for
compensation. He was granted a
decree for £202.00 in the Circuit
Court against Dublin Corporation.
The Corporation appealed to the
High Court against the award insofar
as it included compensation for the
wheels and tyres.
The Court found as a fact that the
dominant motive of those who
caused the damage was the theft of
the wheels and tyres. After an
analysis of the various enactments
under which compensation could be
obtained for criminal injuries
including Section 106 and Sections
135 to 140 of the Grand Jury
(Ireland) Act, 1836, the Malicious
Injuries (Ireland) Act, 1848, the
Malicious Injuries (Ireland) Act,
1853 and Section 515 of the
Merchant Shipping Act, 1894 and
Sec t i on 5(1) of t he Lo c al
Government (Ireland) Act, 1898 the
Court reached the conclusion that the
theft of the wheels and tyres was not
within any of the categories of acts
which give a right to compensation
under the various enactments
comprising the Malicious or Criminal
Injury Code nor was it the inevitable
or natural and probable consequence
of the damage to the locks or the
upholstery.
Held,
(High Court, Kenny, J.) that
the claim for compensation for the
wheels and tyres should be
disallowed and die Decree of the
Circuit Court varied accordingly.
H.M. Postmaster General v.
Londonderry R.D.C. — [1957] N.I.
77, approved — Dermot Moriarty v.
Dublin Corporation — High Court
— (per Kenny, J.) — 10 October,
1978 — unreported.
LANDLORD AND TENANT
Tenants not entitled to a reversionary
Lease where the only buildings on the
lands held under one of four leases
were portions of buildings on lands
held under the other three leases.
The Applicants held part of St.
Finbarr's Hospital, Cork under four
sub-leases all of which expired on the
24 March 1964.
By the first sub-lease made the 13
September 1866 the part of the lands
coloured orange on the map of the
hospital lands was let by the sub-
lessor for 99 years from the 25
March 1865. It was stated in the sub-
lease that it was a renewal of a sub-
lease granted by the sub-lessors on
the 13 September 1846.
By the second sub-lease made also
on the 13 September 1866 the part of
the lands coloured green on the map
was let by the sub-lessors also for 99
years from the 25 March 1865.
By the third sub-lease made also
on the 13 September 1866 the part of
the lands coloured yellow on the map
was let by the sub-lessors also for 99
years from 25 March 1865. It was
stated in the sub-lease that it was a
renewal of a sub-lease of the 15
November 1847.
By the fourth sub-lease made also
on the 13 September 1866 the part of
the lands coloured blue on the map
was let by the sub-lessors also for 99
years from the 25 March 1865. It
was stated in the sub-lease that it was
a renewal of a sub-lease of the 29
October 1840.
The President of the High Court
(Finlay P.) found that there were no
buildings (other than small
projections of a building into the
North-.west corner and the South-
East corner) on the lands and that the
lands coloured orange were not
subsidiary and ancillary to the said
projections but were subsidiary and
ancillary to the buildings on the lands
coloured blue, green and yellow.
Under the provisions of the
Landlord & Tenant (Reversionary
Leases) Act 1958 the Lessee under a.;
Building Lease (one of the conditions
in the definition of which is "that
there are permanent buildings on the
land and that the portion of the land
not covered by such buildings is
subsidiary and ancillary thereto")
would be entitled to a reversionary
lease. Finlay P. stated a case for the
opinion of the Supreme Court in
which the first question asked was
whether the four leases having all
been granted by the same sub-lessor
to the same sub-lessee on the same
day for the same term should be
treated as one lease.
Held
(per Kenny J.) that there
were suitable conveyancing reasons
why four sub-leases should have been
granted instead of one. Three of them
were renewals of previous leases,
there were covenants for renewals of
the leases if the sub-lessors obtained
renewals of their leases from the
Bishop of Cork and the rents payable
under the sub-leases were to be
increased if the renewals obtained by
the sub-lessors were at a higher rent
Accordingly the four sub-leases were
not to be treated as one lease'.
The second question was whether
the lands coloured orange on the map
being subsidiary to the buildings
standing on the lands coloured blue,
green and yellow on the map could
and should be regarded as being
comprised in a building lease. The
Supreme Court answer to thatr
question was "no".
Southern Health Board v. Sheila
Reeves-Smith & A. Gilchrist —
Supreme Court (Kenny J.) — IS
November 1978 — unreported.
Breach by Landlord of covenant to
his Tenants for quiet eqjoymcnt, and
for trespass by the Landlord —
measure of damages.
The Defendant was the Landlord
of premises in Elgin Road, Dublin let
to four separate tenants as follows:-
(1) The Basement Flat by an
Agreement made the 1 May 1943 to
a Mr. O'Neill who covenanted to
keep and maintain the interior of the
flat in good order and repair, wear
and tear excepted. The original term
of the letting was one year and the
yearly rent £65.00.