257 / 264
NATURAL JUSTICE - continued
Ejectment - Defendant not given opportunity
to give evidence or make defence — Order for
possession - Order Kt aside on certiorari -
(1976 No. 113 SS - Doyle J. - 2/10/78).
The State (Crothers) v. Kelly.
NEGLIGENCE
Fanlt
Apportionment - Vehicle collision - Jury
attributing 60% of blame to defendant -
Groas disproportion in light of evidence -
Defendant's appeal allowed - 25% blame
attributable to defendant - (155/77 -
Supreme Court - 21/7/78).
Casserley v. Coras Iompalr Eireann.
1 •ulowuer
Trespass - Plaintiff's cattle poisoned by
defendant's yew tree - Sudden collapse of
defendant's boundary wall - Damage not
reasonably foreseeable - Action dismissed -
(1976 No. 2535P - Gannon J. - 23/1/78).
Walsh
v.
Kilkenny County Council.
Occapter
Trespasser - Hotel - Plaintiff ipjured at 4
a.m. in staff yard at back of hotel, haying left
front of hotel at 3.30 ajn. on way home -
Plaintiff's entry on premises as invitee —
Invitation spent - Accident not reasonably
foreseeable - Judgment for defendant -
(182/77 - Supreme Court - 27/1/78).
O'Keeffe
v.
Irish Motor Inns Ltd.
U L .
ovbh
Sale by description - Additive for turkey feed
— Plaintiff buyer ordering chemical for mix-
ing with feed prepared by plaintiff -
Defendant seller supplying chemical in pure
form - Turkeys dying after eating plaintiff's
feed - Diluted chemical safe for mfainj in
feed — Held on facts that pure chemical
ordered — Defendant not negligent in
supplying pure chemical to experienced
maker of turkey feed - (1977 No 3258P -
Finlay P. - 1/5/78).
Bokmds Ltd. v. Trouw Ireland Ltd.
Collision - Defendant removing plaintiff's
damaged yacht from moorings - Yacht
H.majoH farther at new moorings - FaQure
of defendant to establish howfarther damage
occurred - Measure of plaintiff's damages -
Reasonable cost of repair - (1976 No.
2375P - Finlay P. - 13/2/78.
Ross
v.
Dunphy.
NEGOTIABLE INSTRUMENT
BB of exchange
Action on bill — Counterclaim and set off -
Defendant claiming
damages for
plaintiff's breach of contract - B91 being
price of goods sold by plaintiff - High Court
refusing to abjudicate on counterclaim or to
grant stay of execution of judgment for
plaintiff - Defendant's appeal dismissed -
BID equivalent to cash - (19/77 - Supreme
Court - 21/7/78).
Gerrit Van l)eldeh v. Seqfield Gentex.
NUISANCE
Oecupler
Dust — Explosions - Lime processing and
Masting at quarry - Nuisance abated -
Damages awarded — Injunction refused -
(1977 No. 1561P - McWilliam J. -
14/4/78).
Malone v. Cbgrennane Lime Co.
8
Occupier
Quarry — Blasting vibrations, noise and dust
— Liability of occupier's lessor - Occupier
and lessor held liable in damages - (1977
No. 6215P — Costdlo J. - 4/5/78).
Patterson
v.
Murphy.
ORDER
Declaration
Discretion — Resolutions of trade union
affecting rights of plaintiff — First resolution
invalid but second resolution valid — No
useful purpose served by declaring first
resolution invalid - Declaration refused —
(1976 No. 5632P - Finlay P. - 15/3/78).
Rodgers v. Irish Transport A General
Workers Union.
PASSPORT
Issue
Infant — Natural mother of illegitimate infant
applying on behalf of infant for passport -
Decision of Minister refusing passport —
Right of infant to travel outside State -
Personal right under Constitution subject to
welfare of infant — Minister's decision
quashed on certiorari - (1978 No. 50 SS -
Finlay P. - 29/5/78).
M.
v.
Minister for Foreign Affairs.
PATENTS
Invention
Micro-organisms — New substance — Edible
protein — Application refused by Controller
in regard to organisms themsdves as distinct
from process for production —Appeal dis-
missed as organisms not shown to have been
manufactured as distinctfrom grown — (1976
No. 435 Sp - McWilliam J. - 25/5/78).
Ranks Hovis v. Controller of Patents.
Register
Amendment — Registration obtained by
registered proprietor as result of "con-
vention" application — Amendment sought
by proprietor to alter priority of patent as if
application not "convention" application —
Sealing of patent and register in accord with
proprietor's original intention — Proprietor
not a "person aggrieved" within s. 65 of
Patents Act, 1963 - Extent of power to
amend examined - Claim to amend rejected
(159/72 - Supreme Court - 11/5/78).
Beecham Group Ltd.
v.
Controller of Patents.
POLICE
Dismissal
Recruit - Initial probationary period of two
years — Power of Commissioner to dispense
with services — Power exercisable if Com-
missioner considers a recruit physically or
mentally unfit or not tikdy to become efficient
and well conducted - Termination valid -
(1976 No. 389 SS - McWilliam J. -
14/3/78).
Delaney v. Garvey.
POLITICAL PARTY
Registration
New party — Statutory criteria — Standards
to be applied by registrar — Name of party —
Electoral Act, 1963 - (19/78 - Supreme
Court - 11/5/78).
Lofhis v. The Attorney General.
PRACTICE
Appeal
Facts - Assessment - Trial by judge with-
out jury - Judge's finding of fact based on
choice between conflicting oral testimony of
witnesses - Distmction betweenfindingsoffact
by trial judge and inferences of fact drawn by
him from facts proved or admitted - (204/77
- Supreme Court - 21/7/78).
Northern Bank Finance
v.
Charlton.
Appeal
Stare decisis — Earlier decision of Supreme
Court decided per incuriam — Decision not a
binding authority — Principle of stare decisis
not involved in departure from earlier decision
- (205/77 - Supreme Court - 14/11/78).
The State (Harktn)
v.
O'Malley.
Declaration
Discretion — Resolutions of trade union
affecting rights of plaintiff — First resolution
invalid but second resolution valid — No
useful purpose served by declaring first
resolution invalid — Declaration refused —
(1976 No. 5632P - Finlay P. - 15/3/78).
Rodgers v. Irish Transport A General
Workers Union.
Judgment
Stay ofexecution - Actionon bill ofexchange -
Judgment for plaintiff - Stay of execution
refused - (19/77 - Supreme Court -
21/7/78).
Gerrit Van Delden
v.
Seafield Gentex.
Lis pendens
Vacate — Opposition by party who obtained
registration - Sale of land - Plaintiff pur-
chaser's action for specific performance —
Plaintiff failing to pay deposit - Express term
enabling defendant to rescind — Rescission by
defendant - High Court exercising
jurisdiction to order vacation of lis pendens
registered by plaintiff - (1978 No. 475 IP -
McWilliam J. - 20/10/78).
Culhane
v.
Hemon.
Procedure
Adoption - Secrecy — Natural mother seek-
ing custody from intending adopters -
Intending adopters seeking order pursuant to
s. 3 of Adoption Act, 1974 - Concealment
of identities of applicant and notice parties —
(1978 No. 290 Sp - Finlay P. - 19/9/78).
G. v. An Bord Uchtdla.
Time limit
Extension - Arbitration clause in insurance
contract - Termjequiring dispute to be re-
ferred to arbitration within specified period -
Applicant in breach of term — Period
extended — Arbitration Act, 1954, s. 45 —
(1976 No. 272A - Hamilton J. - 8/12/76).
Walsh
v.
Shield Insurance Co. Ltd.
PRISON
Discipline
Enforcement - Whether a criminal matter —
limited function of a judicial nature — Con-
stitution —Punishment not unconstitutional
-.(1977 No. 363 SS - McMahon J. -
6/3/78).
The State (Fagan) v. Governor qf Mountfoy
Prison.
Legal Adviser
Access - Power of Minister to prohibit
access by specified, solicitors - Power con-
ferred by statutory instrument under ss. 12
and 13 of General Prisons (Ir.) Act, 1877 -
Instrument authorising Minister to exercise
power where necessary in interests of security
of prison or "of the State" - Instrument ultra
vires Act of 1877 - (1976 No. 1821P -
McWilliam J. - 21/6/78).
Incorporated Law Society v. Minister for
Justice.
RATES
Hereditament
Valuation - Assessment - Machinery to be
excluded - Meaning of "machinery" -
Brewery - Fermenting tanks and storage
vessels — Facts found by Circuit Court judge