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COMPANY - continued
title deed» with plaintiff as security for loan -
Loan voidable at instance of company against
plaintiff if latter had notice of facts attracting
statutory prohibition - Constructive notice
not sufficient - Finding of fact that plaintiff
had such notice - Companies Act, 1963, ss.
8, 60 - (1976 No. 46 Sp. - McWilliam J. -
4/7/77).
Bank of Ireland Finance Ltd. v. Rockfield
Ltd.
Sham
Transfer — Private company - Restrictions
on transfer - Defendant being majority
shareholder - Defendant contracting to sell
all shares to plaintiff - Impossibility - Plain-
tiff seeking specific performance - Breach of
warranty of authority - Defendant's share-
holding to be offered to other shareholders -
Interim judgment - (1977 No. 2489P -
Kenny J. - 27/4/78).
Lee A Co. (Dublin) Ltd. v. Egan (Wholesale)
Ltd.
Winding up
Creditor - Fraudulent preference —
Creditor's assertion that he bought assets im-
mediately before appointment of receiver —
Winding up within six months of appoint-
ment — Held on facts that sale, if otherwise
valid, was a fraudulent preference of creditor
- Companies Act, 1963, s. 286 -(1977 No.
2243P - Costello J. - 9/5/78).
Kelleher v. Continental Irish Meat Ltd.
Winding np
Order of court — Effect — Employees' con-
tracts of employment — Whether order
terminated employments — Business of
company continued by provisional liquidator
under order giving him express authority to
do so — Employments not terminated —
(1978 No. 95 Sp. - Hamilton J. - 11/7/78).
Donnelly v. Gleeson.
COMPULSORY ACQUISITION
Land Acts
Provisional list - Objection - Sale of land
subject to consent of Land Commission —
Consent not forthcoming — Express term
avoiding contract of sale in that event —
Former purchaser not entitled to object to
acquisition of land by Land Commission —
Decision of High Court (24/5/77) affirmed -
(243/77 - Supreme Court 16/11/78).
The State (Callaghan) v. Irish Land
Commission.
CONFLICT OF LAWS
Custody
Infants - Irish parents - Marriage in
England where they lived 20 years -
Husband having Irish domicfl of origin —
Return to Ireland with children - Order of
English court awarding care of children to
wife - Father seeking custody in Ireland -
Jurisdiction of High Court not ousted -
(1978 No. 336 Sp. - Doyle J. - 5/7/78).
White v. White.
CONSPIRACY
Motive
Trade Union - Union wishing to obtain
introduction of scheme for retirement of
dockers at age of 65 years with pension
scheme - Scheme affecting plaintiff's
continued employment — Refusal of
defendants to work with plaintiff after his
65th year - Plaintiff's claim for damages -
Union's motive to benefit dockers generally
rather than to injure plaintiff - Judgment for
defendants - (1976 No. 5632P - Finlay P.
- 15/3/78).
Rodgers v. Irish Transport A General
Workers Union.
CONSTITUTION
Criminal Charge
Trial by Jury - Offence carrying penalty of
£100 fine and confiscation of fishing gear -
Not a minor offence - Fisheries
(Consolidation) Act, 1959, s. 221 - (1977
No. 1809P - McWilliam J. - 10/2/78).
Kostan
v.
Ireland.
Personal rights
Bodily integrity - Medical treatment of con-
victed prisoner - Prisoner's allegation that
treatment unsuitable - Valid warrant in
execution of lawful sentence - Procedure
under Article 40, s. 4, sub-s. 2. of Con-
stitution inapplicable - Applicant detained in
accordance with law - (59/78 - Supreme
Court - 24/7/78).
The State (McDonough)
v.
Governor qf
Mountjoy Prison.
Personal rights
Education - Teachers strike - Dispute
between managers and teachers - Right of
child to receive free primary education -
State providing transport to enable child to
attend neighbouring national school — No
failure by State to discharge its constitutional
duty to child - (1977 No. 1945 - McMahon
J. - 21/7/78).
Crowley v. Ireland.
Personal rights
Exercise - Effect —Interference with con-
stitutional right of others - Whether exercise
of constitutional right limited - (1977 No.
1945P - McMahon J. - 21/7/78).
Crowley
v.
Ireland.
Personal rights
Liberty - Detention of suspect - Criminal
law — Apart from Emergency Powers
legislation, no lawful ground for detaining
suspect in custody for purpose of questioning
him - (18/78 - C.C.A. - 11/12/78).
The People (DJ>J>.) v. O'Loughlin.
Personal Rights
Right to earn a livelihood - Trade Unionist -
Trade union wishing to obtain introduction of
scheme for retirement of dockers at age of 65
with pension rights - Scheme affecting plain-
tiff's continued employment - Defendants
refusing to work with plaintiff after he had
attained age of 65 years - Bona fide inten-
tion of trade union to benefit dockers
generally rather than to injure plaintiff -
Plaintiff's constitutional right not infringed -
(1976 No. 5632P - Finlay P. - 15/3/78).
Rodgers v. Irish Transport A General
Workers Union.
Personal Rights
Travel - Illegitimate infant - Right to travel
outside State - Right to passport - Right
exercisable on initiative of natural mother -
Exercise ofright subject to welfare of infant -
Refusal of Minister to issue passport -
Decision quashed on certiorari - Portions of
s. 40 of Adoption Act, 1952, invalid, -
Constitution of Ireland, Article 40 - (1978
No. 50 SS - Finlay P. - 29/5/78).
M.
v.
Minister for Foreign Affairs.
Prison
Discipline - Punishment imposed by Prison
Governor in accordance with regulations -
Limited function and power of a judicial
nature in a matter other than a criminal
matter - Punishment not contrary to Con-
stitution - (1977 No. 363 SS - McMahon J.
- 6/3/78).
The State (Fagan) v. Governor of Mountjoy
Prison.
Statute
Validity - Political party - Elections -
Registration of new political party - Equality
before the law - Discrimination - Statutory
requirements for registration - Requirements
reasonable - Appeal Board — Membership -
Electoral Act, 1963 - (19/72 - Supreme
Court - 11/5/78).
Lqftus
v.'
The Attorney General.
CONTRACT
Illegality
Enforcement - Sale of land - Specific per-
formance — Equitable remedy refused —
(1975 No. 4044P - McWUliam J. -
24/5/77).
Starling Securities Ltd. v. Woods.
IDegallty
Onus of proof - Defendant seller failing to
discharge onus of proving that performance
of contract involved smuggling potatoes
across border — Judgment for plaintiff -
Damages - (1976 No. 376 IP - Finlay P. -
23/2/78).
Whitecross Potatoes
v.
Coyle.
Mistake
Setting aside - Agreement for lease - Term
of five years with option for furtherfive years
- Rent being approximately market rent -
Lessor choosing not to be advised by solicitor
- Lessee preparing agreement - Fraud and
undue influence not proved by lessor -
Lessor's claim dismissed -(1977 No. 4136P
- McWilliam J. - 25/11/77).
Mulligan
v.
Stewart.
Rescission
Fraud - Whether restitutio possible - Deceit
by agent of defendant seeking rescission —
Plaintiff not party to contract - Plaintiff
acting as agent of defendant in transaction
with third party - Rescission not appropriate
remedy - (204/77 - Supreme Court —
21/7/78).
Northern Bank Finance v. Charlton.
Terms
Payment - Defendant's cattle stored by
plaintiff during winter months - Claim for
cost of foodstuff supplied - Defence based on
allegation of fraudulent overcharging not sub-
stantiated. by evidence - Judgment for
plaintiff - Counterclaim dismissed - (1976
No. 1563 - D'Arcy J. - 30/6/78).
Herbst v. MeMn.
Terms
Payment - Whether defendant had agreed to
pay by instalments, as the work progressed,
the cost of repairs effected by plaintiff on
defendant's boat - Held on facts that plaintiff
entitled to judgment for amount of instalment
claimed - (1974 No. 1137 - Finlay P. -
31/7/78).
Verolme Dockyard Ltd. v. Shannon Atlantic
Fisheries.
Validity
Husband and wife - Separation agreement -
Plaintiff claiming declaration that agreement
void - Allegations of drunkeness, mistake,
non est factum, undue influence and un-
conscionable bargain not supported by facts
found - Plaintiff's claim dismissed - (1977
No. 2648P - Costello J. - 10/4/78).
W.
v.
W.
4