255 / 264
DAMAGES - continued
No. 2646P - McWilliam J. - 6/6/78).
Taylor v. Moremiles Tyre Sendee.
AHessmcnt
Measure - Demolition of building -
Plaintiff's adjoining business premises des-
troyed — Damages to be market value at date
of destruction, not case of reinstatement -
Appeal fromHigh Court (30/7/76) allowed -
(158/78 - Supreme Court - 5/5/78).
Munnelfy
v.
Calcon Ltd.
Assessment
Yacht - Reasonable cost of repairs - Sale by
plaintiff after collision - Sale at undervalue -
(1976 No. 2375P - Finlay P. - 13/2/78).
Ross v. Dunphy.
DEED
Loss
Evidence - Secondary evidence of contents —
Draft marriage settlement - Existence of exe-
cuted deed established - Draft admitted in
evidence - (1976 No. 2395P - Costello J. -
20/7/78).
Savage v. Nolan.
DEFAMATION
Ubd
Publication - Qualified privilege - Malice -
Defendant believing that plaintiff's solicitor
had demanded, on behalf of plaintiff, money
with menaces - Letter of complaint about
solicitor's conduct sent by defendant to Law
Society - Mention of plaintiff's name by
defendantfat letter not evidence of malice by
defendant - (1973 No. 3067P - Finlay P.
15/3/78).
Hartery v. Wdtrade Ltd.
DISTRICT COURT
Jurisdiction
Minute book - Summary charge — Failure to
enter complaint fat minute book no bar to
hearing complaint — Rules of the District
Court, 1948, r. 83 - (1977 No. 447 SS -
Doyle J. - 30/1/78).
DJ'J*. v. Gill.
DOMICIL
Origin
Choice - Irish domicO of origin - Husband
married in England and living there 20 years
- Return to Ireland with family - Domicii of
origin not abandoned - (1978 No. 336 Sp -
Doyle J. - 5/7/78).
White
v.
White.
EMERGENCY POWERS
Charge
Venue — Person fat custody under Act -
Charge to be made in court — Emergency
Powers Act, 1976, s. 2 - (1975 No. 288 SS
- Finlay P. - 13/2/78).
The State (Brennan)
v.
Mahon.
Charge
Venue — Whether person in custody under
Act - If so, charge to be made in court -
Emergency Powers Act, 1939, s. 30 -
Suspect not in such custody - The State
(Brennan) v. Mahon distinguished - (1978
No. I l l SS - Costello J. - 10/3/78).
The State (Walsh) v. Maguire.
EMPLOYER
Employee
Redundancy - Appeal to High Court from
Redundancy Appeal Tribunal - High Court
bound by decision of tribunal on matter of
fact - Decision that there was no
6
"misconduct" by employee - High Court
without jurisdiction - (1977 No. 169 Sp. -
Hamilton J. - 8/2/78).
Brewster v. Burke.
EMPLOYMENT
Termination
Police recruit - Initial probationary period of
two years - Recruit dismissed by Com-
missioner — Power of dismissal excercisable if
Commissioner considers recruit not likely to
become efficient and well conducted -
Termination valid - (1976 No. 389 SS -
McWilliam J. - 14/3/78).
Delaney v. Garvey.
Termination
Reasonableness — Accountant — Emergency
in employer's business during plaintiff
employee's holiday - Failure of plaintiff to
obey defendant employer's order to return to
work - Reasonable order - Dismissal of
plaintiff's action for wrongful dismissal -
(1973 No. 3067P - Finlay P. - 15/3/78).
Hartery
v.
Welltrade Ltd.
EQUITY
Advancement
Husband and wife - Husband giving money
to wife — Presumption of advancement
rebutted by evidence - (1978 No. 155 Sp. -
Finlay P. - 19/10/78).
M.
v.
M.
EVIDENCE
AdmtotibUty
Judgment - Two extempore and unreported
judgments of High Court - Note of second
judgment taken by interested party and
tendered as evidence - Stare decisis - (1977
No. 477 SS - Doyle J. - 12/6/78).
The State (Curran)
v.
Irish Land Com-
mission.
Admissibility
Will — Construction - Phrase used by
testator having clear meaning — Extrinsic
evidence not admissible to raise doubt as to
intention of testator - Succession Act, 1965,
s. 90 - (162/75 - Supreme Court -
20/1/78).
Rowe v. Law.
Convictions
Sentence - Hearsay evidence of previous
convictions - Opportunity to admit or deny
accuracy of evidence — Formal proof
required in absence of admission - (1977 No.
507 SS - Gannon J. - 6/6/78).
The State (Stanbridge) v. Mahon.
Estoppel
Matrimonial proceedings — Wife being
applicant - Divorce between parties settled
by consent in 1973 - Consent incorporated
in order of court dismissing action upon terms
- Terms providing for maintenance of wife -
New claim by wife in 1977 under Act of
1976 seeking further relief in regard to main-
tenance - Wife not estopped frommaking new
application - Decision of Doyle J. (21/7/77)
affirmed - (20/78 - Supreme Court -
8/5/78).
D. v.
D.
Lost deed
Secondary evidence —
See
Deed.
Onus on proof
Illegality - Onus not discharged by party
alleging illegality - (1976 No. 3761P -
Finlay P. - 23/2/78).
Whitecross Potatoes v. Coyle.
FRAUD
Remedy
Rescission - Contract between defendant
and third party - Contract induced by fraud
of plaintiff acting as agent of defendant in
transaction with third party — Restitutio
between defendant and third party not
possible — Rescission of contract not
appropriate - Defendant entitled to damages
from plaintiff for tort of deceit - (204/77 -
Supreme Court - 21/7/78).
Northern Bank Finance
v.
Charlton.
HIGH COURT
Discretion
Common Market — Community law —
Interpretation — Court exercising discretion
to refer question to Court of Justice of the
European Communities notwithstanding
desire of parties that High Court should
decide correct interpretation — Treaty of
Rome, Article 177 - (1976 No. 194 -
Costello J. - 30/6/78).
Pigs A Bacon Commission v. McCarron Ltd.
HUSBAND AND WIFE
Desertion
Justification - Wife's absence from
matrimonial home caused by husband's
conduct - (1978 No. 330 Sp - Finlay P. -
24/10/78).
K.
v.
K.
Infant
Custody — Irish parents married in England
- Return to Ireland with children — English
court awarding care of children to mother -
Irish domicii of father not abandoned -
Jurisdiction of Irish court hot ousted —
Custody awarded to mother - (1978 No.
336 Sp. - Doyle J. - 5/7/78).
White v. White.
Maintenance
Estoppel - Settlement in 1973 of
matrimonial proceedings - Terms of settle-
ment including provision for maintenance of
wife by payment of capital sum— New claim
by wife in 1977 under Act of 1976 seeking
further relief in regard to maintenance —Wife
not estopped frommaking new application —
Decision of Doyle J. (21/7/77) affirmed -
Family Law (Maintenance of Spouses &
Children) Act, 1976, s. 5 - (20/78 -
Supreme Court - 8/5/78).
D.
v.
D.
Property
Matrimonial home — Wife's application
for declaration as to his estate or interest —
Husband contributing to purchase of house -
Husband remitting money to wife from
abroad - Legal estate vested in wife -
Husband entitled to beneficial interest in 49%
of property - Presumption of advancement
rebutted by evidence - (1978 No. 155 Sp. -
Finlay P. - 19/10/78).
M.
v.
M.
Property
Matrimonial home - Wife's application
for declaration as to her estate or interest -
No contribution by wife to purchase of house
- Housework and care of children of
marriage not grounds for claim to property —
(1978 No. 330 Sp. - Finlay P. - 24/10/78).
K. v. K.
INFANTS
Custody
See
Husband and Wife -
See
Adoption.