The Gazette 1978

Index to Recent Irish Cases

(Page numbers refer to Green pages)

Bank of Ireland Finance v. Rockfldd Ltd.

(Defendants' contention that an equitable

mortgage of £170,000 was not well

charged rejected, because it had been

adopted and ratified by them. Active con-

structive notice defined. Order made

directing defendant forthwith to deliver

possession of the lands)

Beecham Group Ltd. v. Controller of Patents

and Bristol Myers. (Construction of S. 65

of Patent Act, 1964, re "person

aggrieved" and re "ommissions in the

Register without sufficient cause or errors

or defects in any entry")

Brewster v. Burke and Minister for Labour (If

Redundancy Appeals Tribunal grants

compensation to an employee whose dis-

missal did not comply with the Minimum

Notice Act, 1972, this is a question of

fact determinable by the Tribunal) 11

Buckley's Stores v. National Employers

Mutual General Insurance Association

and Others (Motor Insurers — Norwich

Union - liable to pay damages for

accident, as employers who drove their

employees to work were under no con-

tractual obligation to them for this)

Re Comhaltas Ceoltolri Eireaim (District

Justice can consider objections to the

renewal of a Certificate under the

Registration of Clubs Act (Ireland) 1904

based on an allegation of habitual user

contravening the Planning Acts, and can

consider objections that the Club was

habitually used to sustain such con-

travention)

H.D. v. P.D. (Construction of Sect. 5 of

Family Law (Maintenance of Spouses and

Children) Act, 1976, relating to consent

on right to maintenance

Dalton v. Frendo (Skilled employee

responsible for his own injuries when he

uses a ladder)

Director of Public Prosecutions v.

McGulnness (Trial and conviction of

accused for rape unsatisfactory due to

constant interruptions of Judge — Verdict

set aside and new trial ordered) .... 21

Re Doran, deed. - Rowe v. Law (If Will is

clear and unambiguous S. 90 of Suc-

cession Act 1965 will not allow extrinsic

evidence to explain it)

Dublin Corporation v. W. Smlthwick (Right

of applicant to compensation under S. 58

of Planning Act 1963 not affected by

subsequent sale. There is no obligation on

the Minister to decide on application for

compensation within a specified time)

Director of Public Prosecutions v. Keith

Lltticjohn (Special Criminal Court is a

statutory Court. The accused should not

wait three years to appeal. The superficial

defects in procedure did not mislead the

accused

Donnelly - Liquidator of Britain Ltd. v.

Gleeson and Employment Appeals

Tribunal (Appointment of a provisional

liquidator did not operate to determine

contracts of employment. Continuity of

service in relation to the Redundancy Pay-

ments Acts and Minimum Notice of

Employment Act not broken)

Re Folio 43869, Co. Cork Regd. Owner:

Cork Shoe Co., Ltd. (Bank of Ireland

given a charge on registered land has

power to sell and convey, but a company

has no power to act by Attorney to

execute deeds within the State)

Fábergé v. Controller of Patents (When a

word for which registration for a trade

mark is sought in a foreign language, the

Controller must not treat the application

as one for the corresponding English or

Irish word)

Fortune v. Jacob &Co. Ltd. (Where arisk in

the system of work becomes manifest, and

the Employer can avoid using it, he is

negligent if he permits it to be used

Gerrtt Vanddden & Co. v. Seafldd Geutex

Ltd. (Drawer not entitled to set-ofT

counterclaim for unliquidated sum against

amount due on Bill of Exchange) . 20

Hannon v. ODonovan and Hannon (Order

under S. 55 of'Succession Act, 1965,

upheld, allowing personal representatives

to appropriate the lands on which the

dwelling is situate towards the satisfaction

of plaintiff's half share)

Hamlll v. Oliver (It is contributory

negligence if iiyury to plaintiff results from

not wearing seat belt in motor accident)

Estate of Hlrsckberg - Ulster Bank v. Irish

Land Commission (Distinction between

relief of congestion and resale to specified

persons)

Hickey Ltd. v. Roches Stores Ltd. (Extension

of headings for rules for measuring

damages for breach of contract) ...

Incorporated Law Society and P. C. Moore

v. Minister for Justice and Attorney

General (Right of access to the Courts

does not mean that prisoner may choose

his solicitor - that the Minister had a right

to draw up a list of solicitors for this

purpose - that the Rules re Government

of Prisons 1976 were ultra vires) . 18

Kostan v. Ireland and Attorney General

(Forfeiture of fish and fishing gear of a

value of more than £100,000 not a minor

offence - S. 221 of Fisheries (Con-

solidation) Act, 1959, unconstitutional)

KDIney and BaOybrack Development

Association v. Minister for Local Govern-

ment and Templeflnn Estates (No. 2)

(Plaintiffs objected to planning per-

mission granted to Templeflnn and applied

to have it declared invalid because it

contained an invalidating permission —

Supreme Court found it necessary to give

ruling, because this condition was then no

longer in force)

M.L. and A.W. v. M.L. (Construction of S.

17 of Succession Act, 1965, that

deceased failed in his moral duty to pro-

vide for his children)

Mara v. Hummingbird Ltd. (High Court will

not upset finding of Revenue Appeal

Commissioner if based on sufficient

evidence)

Macey Ltd. v. Tyler Ltd. (Rent review clause

to be determined by value - whether

lessor should be excluded as a prospec-

tive tenant for the purpose of determining

rack rent of premises in Henry Street,

Dublin)

Morlarty v. Dublin Corporation (Car

damaged by vandals. Theft of wheels and

tyres does not give right to compensation

under Malicious Injury Code)

MunoeSy v. Calcon Ltd. (In the case of

demolished premises the measure of

damage should be the pre-damage value of

the premises in Aungier Street, Dublin —

£35,000 - and not the re-instatement

value - £65,000)

Northern Bank Finance Corporation v.

Chariton and Sheehy (Plaintiffs found to

have made false representation

Function of Appellate Court in reviewing

findings of fact and law by Inferior Court

reviewed)

OTlaherty v. Arvan Properties (Specific per-

formance refused, as there had never been

an enforceable agreement by defendant to

grant lease to plaintiffs, as no date for

commencement of lease had been inserted)

O'SuOtvan v. CJ.E. (If High Court awards

damages by conventional method of

assessing loss, the Supreme Court will not

interfere unless wrong principle applied)

Porter v. Fay and Others (In a Will, the four

children of a testator took absolute

interests in the property, but one daughter

had a life interest in the house, with re-

malhder to the four children of the testator

on equal shares)

Revenue Commissioners v. Kkkhope-Shaw

and Talbot-Crosble (Estate duty payable

by deceased, as he had never abandoned

his Irish domicile)

The State (Crothers) v. District Justice Kefly,

Dublin Corporation and the Attorney-

General ("Audi alteram partem" not

applied - Conditional Order of Certiorari

quashing Justice's order for delivery of

possessions made absolute)

The State (Gflsenan) v. District Justice

MeMorrow (The expression "Northern

Ireland" applies to the Six North-Eastern

Counties of Ireland)

The State (Oliver O'Reffly) v. CHnlcal

Director of Central Mental Hospital,

(Habeas corpus

refused to discharge

prosecutor from Central Mental Hospital)

The State (OUagan and Monaghan) v.

Governor of Portiaolse Prison (It is for the

Court of Trial to examine written

communications between a primer

awaiting trial and his solicitor -

Habeas

corpus

refused)

The State (K.M. and R.D.) v. Minister for

Foreign Affairs (Sections 3 and 40 of

Adoption Act 1952 not unconstitutional.

Right to free movement within the State

and to have passport. In case of child, this

right to be exercised by parents. Here it

was in interest of child to travel to

Nigeria)

The State (Murphy and Stanbridge) v.

District Justice Mahon (Failure to hear

submissions from Defendants on evidence

of convictions, which should be properly

proved, is a basic breach of administra-

tion of justice, but Court uses discretion

not to quash conviction)

The State (Marie Murray) v. Governor of

Limerick Prison (An interference with a

prisoner'sright to receive or send letters to

her husband does not render the detention

unlawful)

The State (CaKaghan) v. Irish Land

Commission (In the event of a refusal of