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ADMINISTRATION
Appropriation
Personal representative - Exercise of power
- Executor having a general and unfettered
discretion to exercise power within
performance of duty to administer estate in
due course of law - General power under s.
55 subject to special statutory right of
surving spouse under s. 56 — Apart from s.
56 surviving spouse has no special right to
compel executor to exercise power in
particular manner - Succession Act, 1965,
ss. 55, 56 - (126/77 - Supreme Court -
25/4/78.
Harmon v. O'Donovan.
Testator
Moral duty - Beach - Children of testator
- Part of estate allocated by court to children
- Allocation to be held on discretionary
trusts for benefit of children — Succession
Act, 1965, s. 117 - (1977 No. 346 Sp -
Costello J. - 21/7/78).
L. v.
Bank of Ireland.
ADOPTION
Consent
Withdrawal - Natural mother seeking
custody of her child - Child in care erf
intending adopters - Consent of mother
withdrawn - Application by intending
adopters to High Court pursuant to s. 3 of
Adoption Act, 1974, for order awarding
them temporary custody of child — Custody
of child awarded to mother - (1978 No. 290
Sp - Finlay P. - 19/9/78.
G. v. An Bord Uchtdla.
AGENCY
Agent
Authority - Company's servant purporting
to sell company's goods to plaintiff
immediately before appointment of receiver -
Servant's lack of authority known to plaintiff
- No sale effected - (1977 No. 2234P -
Costello J. - 9/5/78).
Kelleher
v.
Continental Irish Meat Ltd.
Agent
Authority - Implied or ostensible - Director
being majority shareholder in company —
Director instructing company's debtor to pay
amount of debt to third party - Director
having ostensible authority - (1976 No.
566P. - Hamilton J. - 16/2/78).
Kllgobbin Mink Ltd.
v.
National Credit Co.
Ltd.
Agent
Authority - Ratification - Unauthorised act
of agent - Test applicable - Loan for com-
pany negotiated by purported agents of
company - (183/77 - Supreme Court -
28/7/78).
Bank of Ireland v. Rockfield Ltd.
Agent
Authority - Sale of land - Conditional con-
tract to sell - Estate agent accepting plaintiff
purchaser's offer to buy at time when
condition not satisfied - Defendant vendor
not bound by acceptance - Agent without
authority - (1977 No. 1904P - Kenny J. -
24/5/78).
Delgado v. Crean.
ARBITRATION
Award
Validity - Arbitrator failing to express
opinion on respondent's counterclaim -
Award in favour of applicant — Award
equivalent to rejection of counterclaim —
Failure to state Case to High Court —No
formal request to arbitrator to state Case -
Award held unobjectionable - (1977 No.
771 - Hamilton J. - 10/7/78).
Stillorgan Orchard Ltd. v. McLaughlin d
Harvey.
Time Limit
Extension - Expiration of contract period for
referring dispute to arbitration - Period
extended pursuant to statue - (1976 No.
272A - Hamilton J. - 8/12/76).
Walsh
v.
Shield Insurance Co. Ltd.
COMMON MARKET
Trade
Pigmeat - State export agency - Levy on
production of bacon from pig carcases -
Domestic statute compelling curers to pay
levy to agency - Rebate payable to curers
who exported through agency - Whether
scheme compatible with Community
legislation - Whether defendant compelled to
pay levy - Whether defendant could recover
levy money already paid - High Court exer-
cising discretion to refer questions to Court of
the European Communities - Pigs & Bacon
(Amendt.) Act, 1939 - Council Regulation
(EEC) No. 2759/75 of 29/10/75 - Treaty of
Rome, Article 177 - (1976 No. 194 -
Costello J. - 30/6/78).
Pigs d Bacon Commission v. McCarron Ltd.
COMPANY
Charge
Debenture - Appointment of receiver -
Equitable assignment of assets - Company's
debtor directed to pay amount of debt to third
party - Debt payable to company on 10th
February and paid to third party on that data
- Appointment of receiver on 7th February
- Direction to debtor given prim to appoint-
ment of receiver - Debt not captured by
debenture - (1976 No. S66P - Hamilton J.
- 16/2/78).
Ktlgobbin Mink Ltd. v. National Credit Co.
Ltd.
Charge
Validity - Failure toregistercharge - Charge
void - Voluntary winding up - Late
registration effected after date ofresolutionto
wind up - Late registration allowed pursuant
to order of court made without prejudice to
rights of unsecured creditors - Irrelevant that
charge registered in Lands Registry - Conv
panics Act, 1963, s. 99 - (1977 No. 48SSf
- Hamilton J. - 27/1/78).
TelfordMotors Ltd.
d
Companies Act, 1963
Deed
Execution - Receiver appointed by debenture
holder - Sale of company's property bj
receiver — Receiver having no power to sffb
company's seal to conveyance - Receive!
having power to execute conveyance oi
behalf of company under power of attorney
given in debenture - Decision of High Cour
(1/5/78) reversed - Conveyancing Act,
1881, s. 46 - (122/78 - Supreme Court -
29/11/78).
In re Industrial Development Authority.
Seal
Use - Delegation - Power of attorney -
Company creating debenture giving holder
power to appoint receiver over assets of com-
pany in certain event - Debenture giving re-
ceiver power to sell company's land in name
of company and "to execute, seal and
deliver" any deed for that purpose -
Debenture given under seal of compariy -
Receiver appointed and sale by him of
company's land - Company's seal affixed by
receiver to conveyance - Conveyance
ineffective - Company unable to give donnee
of power of attorney the power to affix seal to
deed within State — Conveyancing Act,
1881. s. 46 - (S. 1603/78 - Butler J. -
1/5/78).
Industrial Development Authority A Folio
43689.
Shares
Acquisition - Illegality — Notice —Bank
lending money - Money used by borrower to
buy shares in company — Company
providing security for loan - Whether bank
could enforce security - Bank not having
actual notice of application of money lent —
Constructive notice insufficient — Bank
entitled to possession of company's land
under equitable deposit of title deeds —
Decision of High Court reversed —
Companies Act, 1963, s. 60 - (183/77 -
Supreme Court - 28/7/78).
Bank of Ireland v. Rockfield Ltd.
Shares
Acquisition - Scheme under s. 204 of Act -
Dissenting minority shareholders alleging
oppression — Onus of establishing oppression
not discharged - Notice sent to addresses in
register of shareholders - Companies Act,
1963, ss. 60, 204 - (1978 No. 43 Sp. -
McWflliam J. - 27/10/78).
McCormick v. Cameo Investments Ltd.
Shares
Purchase - Statutory prohibition against
company providing finance for purchase -
Individuals borrowing money from plaintifT to
buy specified land - Land owned by
defendant company - Money used by
borrowers J& buy controlling interest in
defendant company - Company depositing