The Gazette 1977

GAZETTE

DECEMBER 1977

Index to Recent Irish Cases 1977

NOTE: Nearly all these entries refer to the

separate numeration in the green

pages.

Re James Bennett deed. Bennett v. Bennett

(Extrinsic evidence admitted to clarify

words in will)

Byrne v. Loftus (Conditions under which a

landlord may insist a Rent Review clause

in a lease defined)

Connor v. Qninlan (Person who enters into

beneficial occupation entitled to specific

chattels)

Corley and others v. GUI (Trustees of

Belgrove Football Club entitled to a

Sporting Lease under Landlord and

Tenant Act 1971

Corrigan v. Irish Land Commission

(Objection cannot be made on Appeals

against personnel of Commissioners, as

objection waived at hearing)

Cotter v. Ahcrn, Hurley, Garvey and others

(Plaintiff, National Schoolteacher,

awarded damages against defendant

officials of INTO, for compelling him to

transfer to school 200 miles away)

Damen and Zonen v. O'Shea (Defendant

must pay sum due to foreign creditors in

' foreign currency)

Dowling v. Jedos Ltd. (Correct actuarial

evidence and factors in respect of mental

distress not applied in fatal injury claim)

D.P.P. v. FarrcO (Accused acquitted, as

Superintendent had no power to detain

him)

D.P.P. v Noel Murray and Marie Murray

(Death sentence on Noel Murray quashed

as he was not guilty of capital murder.

New trial ordered on question of

recklessness for Marie Murray) (White

pages)

18-21

Dublin Corporation v. Dublin Port and

Docks Board (Docks Board not liable for

rates for transit sheds in Dublin Port) 5

Fitzpatrick v. McGivern Ltd. (Purchaser

awarded damages against builder for

defects in workmanship and materials)

Gooldlng Chemicals Ltd., V. Bolger, Byrne

and others (Picketing by a minority of

t r a d e u n i on m e m b e rs l a w f ul

notwithstanding the fact that there was a

compensation agreement accepted by

majority of workers)

H. v. H (If there is an order under S.56 (5) (b)

of the Succession Act 1965 directing an

executor to appropriate the dwellinghouse

on the farm forming estate of deceased

towards the satisfaction of the legal right

of the deceased, the applicant must first

satisfy the Court that the exercise of the

right of appropriation is unlikely to

diminish the value of assets other than the

dwelling, or to make it more difficult to

dispose of them in due course of

administration)

183-84

Hogan v. Minister for Justice (Special Inquiry

set up to inquire into dismissal of plaintiff*

Garda must furnish him with full

particulars of the charge)

Hynes v. Garvey (Dismissal of ggarda

justified in view of material contained in

dossier)

J.V.D. and others (Aunts awarded custody of

four children in preference to father, after

death of mother)

Johnston v. Longleat Properties (Damages

awarded for cost of remedying defects and

carrying out repairs)

Keflcghan, Dodd and O'Brien v. Corby and

Dublin Corporation (Permission to erect

temporary buildings not valid under

Planning Acts)

Killiney and Ballybrack Development

Association v. Minister for Local

Government and Templefln Estates Ltd.

(No. 2) (Declaration that Ministerial

permission given for housing development

was null and void rejected)

Leinster Importing Co. v. Dublin County

Council

(Planning Authority entitled to

acquire lands compulsorily for

recreational purposes)

Loughney v. Byrne (Injunction granted to

demolish defendant's extension which

obstructed the light in plaintiff's rooms)

McDonald v. Galvin (Clain for assault

transferred to Circuit Court)

Morrlssey and Sons v. Nalty (Auctioneer's

Claim for Commission dismissed) ... 12

Movie News Ltd. v. Galway County Council

(Land cannot be acquired compulsorily by

a planning authority)

National Engineering and Electrical Trade

Union and others v. McConndl (Attempt

of Trade Union to remove its Financial

Secretary from office declared void) 17

People (A-G) v. Keane (Appeal dismissed,

because fingerprints found in co-

conspirator's garage established

appellant's guilt)

People (D.P.P.) v. Madden, O'Donnell,

Lynch and Doyle (Man machine gunned

to death in Cork. Two accused acquitted

for lack of evidence. Other two accused

convicted)

1-3

People (D.P.P.) v. Roddy and Duffy (Gardai

may use D.P.P.'s name in prosecutions)

People (D.P.P.) v. Stcnson (Accused

acquitted of murder of Garda, as

statement taken was irregular)

People (D.P.P.) v. Walsh and McGowan

(Claim that statements relating to

Herrema kidnapping were not voluntary

refected)

Readymix Ltd. v. Liffcy Sandpits Ltd.

(Application for new Tenancy refused, as

premises not a "tenement")

13, 21

Revenue Commissioners v. Shaw and Talbot-

Crosbie (Deceased had Irish domicile,

though resident for long in Scotland) 15

Smelter Corporation of Ireland Ltd. v. Sabina

ODrlacoO (Specific performance refused

because of fundamental unfairness of

transaction)

Starling Securities Ltd. v. Woods and

Investment Holdings International Ltd.

(Specific performance refused due to

illegal contract to defraud the revenue)

The State (Monica Hayes) v. The Criminal

Injuries Compensation. Tribunal

(Certiorari refused as Tribunal had

correctly deducted Social Welfare

benefits)

The State (Holland) v. District Justice Eileen

Kennedy and the Governor of Mountjoy

Prison (Evidence is required that young

person is unruly before being imprisoned)

The State (Neculai) v. District Justice

McCourt (Certiorari refused as conviction

for entering exclusive fishery limits valid)

The State (O'Callaghan) v. District Justice

O'Huadhalgh (Plaintiff cannot be

prosecuted a second time for the same

offences for which a

nolle prosequi

had

been entered the first time)

Wade v. Donnolly and South of Ireland

Asphalt Co. (Third party liable to

defendant for contribution, as man was

killed by icy surface due to potholes

caused by third party's heavy lorries) 5

Wigoder v. Moran and Leopold (Extension of

Time for Service of Notice of Intention to

claim

relief.by

tenant under Landlord and

Tenant Act will not be refused due to

erroreous advice by Counsel)