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INJUNCTION
Interlocutory
Lease - Breach of covenant by leasee -
Business premises - Lessee permitting
licensee to sell toys on premises during
Christmas season - Injunction granted -
(1978 No. 7033P - McWilliam J. -
30/11/78).
Green Property Co. Ltd.
v.
Shalatne Modes
Ltd.
Remedy
Discretion - Nuisance - Lime processing
and blasting at quarry — Nuisance abated —
Damages awarded - Injunction refused -
(1977 No. 156IP - McWilliam J. -
14/4/78).
Malone
v.
Clogrennane Lime Co.
INSURANCE
Information
Insurer's duty - Statutory duty to keep
records of certain specified information —
Regulations purporting to impose on insurer
duty to furnish "any information" required
by police - Insured's natural right to privacy
- Strict interpretation of penal enactment —
Conviction for failure to supply information
not specified - Conviction ultra vires —
(1977 No. 539 SS - Doyle J. - 21/2/78).
Murphy
v.
P.M-PA. Insurance Co.
INTIMIDATION
Tort
Damages — Intimidation not successful —
Damages not recoverable - (1978 No. 19 IP
- Kenny J. - 18/7/78).
Whelan
v.
Madtgan.
JURY
Judge's charge
Criminal case — Duty to explain defence
clearly to jury - Absence of adequate
explanation - Retrial ordered - Charge of
obtaining goods by false pretences — Buyer's
cheque dishonoured - Seller's title doubtful -
(19/78 - C.C.A. - 11/12/78).
The People v. Shanahan.
LAND ACTS
Provisional fist
Objection - Sale of land subject to consent of
Land Commission - Consent not forth-
coming — 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.
LANDLORD
A
TENANT
Covenant
Insurance - Reinstatement - Premises
destroyed by fire - Covenant by defendant
lessee to insure and reinstate premises - Cost
of reconstruction - £19,000 damages
awarded to plaintiff lessor - (1973 No.
2646P - MWflliam J. - 6/6/78).
Taylor
v.
Moremlles Tyre Service.
Covenant
Quiet eqjoyment - Proof required of physical
interference with eqjoyment of premises —
(1978 No. 191P - Kenny J. - 18/7/78).
Whelan
v.
Madtgan.
Covenant
Repair - Exception of fair wear and tear -
(1978 No. 19 IP - Kenny J. - 18/7/78).
Whelan v. Madlgan.
Covenant
Repair - Implied term - Overholding tenant
- Provisions of s. 33 of Landlord and Tenant
Act, 1931, not applicable -(1978 No. 19 IP
- Kenny J. - 18/7/78).
Whelan
v.
Madlgan.
Covenant
Repair - Lessor's alleged breach - Collapse
of part of structure of building - Latent
defect — Lessor having power to re-enter to
inspect premises - Lessor not given notice of
state of disrepair - Defect not discovered by
lessee and not discoverable by lessor even if
he had inspected - Judgment for defendant
lessor - (1973 No. 2163P - Finlay P. -
22/2/78).
Olympia Productions
v.
Olympia Theatre.
Covenant
Repair - Structural defect - Disrepair due to
such defect - Defect in existence at date of
lease - Covenant not applicable - (1978 No.
19 IP - Kenny J. - 18/7/78)..
Whelan v. Madlgan.
Ityeetment
Lease - Expiration of term - Leasee's know-
ledge that term of 2 years and nine months
designed to enable lessor to regain possession
at end of term — Defence alleging collateral
agreement enabling lessee to overbold —
Variation of written agreement - Defence not
established by evidence - Decree for
possession - (1978 No. 263 - McWilliam J.
- 16/6/78).
DJtM. Trust
v.
F. K. Ltd.
Lease
"Month" - Meaning - Option clause -
Common law presumption that lunar month
intended - Decision of Costello J. (6/12/77)
affirmed - (27/78 - Supreme Court -
24/7/78).
Vone Securities
v.
Cooke.
Lease
Rent - Review - Term of 21 years with
covenant for review every seven years —
Review rent to be amount obtainable in open
market - Lease of basement premises -
Lessor being occupier of groundfloor of same
building - Held lessor to be excluded from
class of potential lessees for purpose of fixing
rent to be assessed on review - (1978 No. 26
SS. - Costello J. - 25/4/78).
Macey Ltd. v. Tylers Ltd.
New tenancy
Reversionary lease — Applicant holding under
four sub-leases of adjoining {dots - No
permanent buildings on orange plot save
extremity of buildings erected on other three
(dots — Land of orange (dot subsidiary and
ancillary to buildings on other three plots only
- Applicant not entitled to refersionary lease
of orange plot - Landlord and Tenant
(Reversionary Leases) Act, 1958, s. 4 -
(140/77 - Supreme Court - 15/11/78).
Southern Health Board v. Reeves-Smith.
LICENCE
Revocation
Notice - No particular period required -
Licensee working quarry - Right to remain in
occupation for reasonable time after
revocation - (1976 No. 4328P - McWilliam
J. - 12/4/78).
Law v. Murphy.
LOCAL GOVERNMENT
Graveyard
Fence - Breach of statutory duty to fence
burial ground - Cattle trespassing on
defendant's land - Cattle injured - No cause
of action
for
breach - (1976 No. 2535P -
Gannon J. - 23/1/78).
Walsh
v.
Kilkenny County Council.
Planning
Appointed day - Development - Quarry
works after appointed day being materially
greater in nature and extent than before that
day - Unlawful development established and
prohibition order made - (1977 No. 6215P
- Costdlo J. - 4/3/78)..
Patterson
v.
Murphy.
Planning
Permission - Change of user - Habitable
house — Planning authority refusing to con-
sider grant of permission until applicant had
also applied to housing authority for per-
mission under s. 2 of Housing Act, 1969 -
Held that change of use was required by
applicant for academic purposes under
private Act and that Act of 1969 inapplicable
- (1975 No. 413 Sp - Hamilton J. -
23/6/78).
University College, Cork v. Corporation of
Cork.
Planning
Permission - Conditions — Validity —
Prohibition against building before expiration
of three years from date of permission —
Permission given on 5th February, 1975 -
Purpose bong to allow time for provision for
adequate sewerage facilities in the area — No
certainty that condition would achieve
purpose - Condition held valid by High
Court (1/4/77) - Condition spent when
appeal heard on 27th February, 1978 -
Appeal dismissed — (113/74 — Supreme
Court - 24/4/78).
Kllliney A Ballybrack Development
Association v. Minister for Local Govern-
ment.
Planning
Prohibition order - Quarry Works - Unlaw-
ful development - Jurisdiction of High Court
- (1977 No. 6215P - CostcOo J. - 4/5/78).
Patterson v. Murphy.
NATURAL JUSTICE
Censorship
Audi alteram partem — Family planning
booklet — Condemned as indeoent or obsccne
by Censorship Board - Prohibition of tale
and distribution - Decision taken without
notice to publisher or author - Board having
discretion to give notice in appropriate cases
- Appropriate case for notice to have been
given - Prohibition invalid - Decision of
Hamilton J. (1/7/77) affirmed - (198/77 -
Supreme Court - 27/7/78).
Irish Family Planning Association v. Ryan.
Office bolder
Dismissal - Commissioner of Garda
Siochina - Peremptory dismissal by Govern-
ment not authorised by s. 6 of Police Force
Amalgamation Act, 1925 -(1978 No. 98IP
- McWilliam J. - 31/10/78).
Garvey v. Ireland.
!!•!• n ••
rrisun
Discipline - Whether necessary to give
prisoner notice of charges being made against
him— Interest of officer imposing punishment
- (1977 No. 363 SS - McMahon J. -
6/3/78).
The State (Fagan) v. Governor of Mountfoy
Prison.
Trial
Audi alteram partem - District Court -
7