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Restaurant
Premises with on-licence — Application for
certificate stating that portion of premises a
restaurant for purpose of s. 13 of Intoxicating
Liquor Act, 1927 - No existing user as
restaurant — Public bar in said portion — No
1
jurisdiction to issue certificate — (1976 No.
238 SS - Finlay P. - 29/11/76).
Whelan v. Tobin.
LIMITATION OF ACTIONS
Negligence
Motorist - Infant plaintiff injured in motor
accident — Driver of car killed in same
accident - Plaintiffs action commenced
within three years of date of accident against
personal representative of driver — Statute
requiring that plaintifTs proceedings be
commenced within two years after driver's
death — Whether plaintifTs property rights
protected — Held cause of action barred—
Civil Liability Act, 1961, S. 9 - (1969 No.
2136P - Murnaghan J. - 12/7/76).
O'Shea
v.
Greensmyth.
LOCAL GOVERNMENT
Planning
Compensation — Permission for building
development refused — Whether intended
development involved material change in the
use of any structure or other land —
Definition of "use" — Applicant entitled to
compensation — Local Government
(Planning & Development) Act, 1963, ss. 2,
55, 56 - (1976 No. 229 SS - Finlay P. -
21/12/76).
In re Viscount Securities Ltd.
cost of rebuilding as distinct from market
value of destroyed house — (1975 No. 3504P
- Finlay P. - 30/7/76).
Munnelly
v.
Calcon Ltd.
Employer
System of work — Plaintiff railwayman
injured in fall from vertical steel ladder —
Whether employer should have provided
circular metal cage around ladder — Cage not
a customary feature of railway installation —
No similar accident within 10 years —
Defendant's appeal allowed — (137/75 —
Supreme Court - 9/2/76).
Bradley v. Coras lompar Eireann.
NEGOTIABLE INSTRUMENTS
Cheque
Dishonour — Presentment for payment
delayed by bank strike — Drawer customer of
one branch of bank — Payee customer of
another branch — Drawer's account in funds
when payee lodged cheque in his branch for
• collection —Drawer's account insufficient at
artificial date chosen by banks as day of
settlement at end of strike — Drawer's cheque
dishonoured by his (paying) branch —
Plaintiff payee claiming damages from bank
for negligence and breach of contract — Two
branches treated as distinct banks —
Plaintiff's claim rejected as paying
branch/bank owed no duty to payee — Query
whether proper method employed in selecting
cheques to be dishonoured — (38/1975 —
Supreme Court - 22/7/76).
Dublin Port and Docks Board
v.
Bank of
Ireland.
INFANT
Custody
See
Husband and Wife.
INJUNCTION
Remedy
Damages - Plaintiff seeking interlocutory
injunction — Allegation that defendant had
induced third party to act in breach of
contract with plaintiff - If tort established by
plaintiff, damages an adequate remedy —
Interlocutory injunction refused — (1976 No.
1494P - Hamilton J. - 8/9/76).
Reno Engrais et Produits Chemiques SA. v.
Irish Agricultural Wholesale Society Ltd.
JURY
Panel
Method of selection — No objection taken by
accused at his trial — Subsequent objection
that provisions of Juries Act, 1927, declared
unconstitutional — Members of jury all
qualified — Conviction valid — Habeas corpus
refused - (1976 No. 197 SS - High Court -
12/7/76).
The People (Byrne) v. Governor of Mountjoy
Prison.
LANDLORD AND TENANT
Lease
Breach of covenant — Forfeiture — Covenant
by lessee not to use or permit premises to be
used for trade or business purposes without
consent in writing of the lessor - Sublease by
lessee expressly allowing user for purpose of
business — No attempt to remedy breach —
Order for recovery of possession — (1972
No. 3328P - McMahon J. - 3/3/76).
Walsh v. Legge.
New Tenancy
Statutory right — Service of notice of intention
to claim such relief — Lessor's interest in
premises terminating during term granted by
him to lessee — Consequent termination of
interest of lessee — Lessee unaware of
termination of lessor's interest when serving
notice —Failure of lessor to inform lessee of
facts and to serve statutory notice on superior
landlord — Notice of claim served by lessee
on superior landlord — New tenancy directed
by court — Term of new lease to be 21 years
with rent review at end of seven years —
(1976 No. 33 - Gannon J. - 31/5/76).
Eamonn Andrews Productions Ltd. v. Gaiety
Theatre (Dublin) Ltd.
Time limit
Extension — Intention to claim new tenancy
in tenement — Service of notice of intention —
Negotiations by respondent to purchase
applicant's interest in tenement — Decision of
respondent in July, 1974, not to purchase —
Decision not communicated to applicant —
Tenancy terminating by expiration of term of
years on 31st December — Period for serving
notice extended — (D 3255 — Hamilton J. —
25/1/76).
Grey Door Hotel Co. Ltd. v. Pembroke
Trust.
LICENSING ACTS
Licence
Interim transfer — Nominee of applicant
company — Shareholder and director of
company having been convicted of offence
under licensing code — Whether valid
ground for refusing application — Company
held to be distinct persona — (153/75 -
Supreme Court - 29/7/76).
The State (Hennessy)
v.
Donnelly.
6
Planning
Notice — Misleading advertisement — Notice
of application for permission to erect three
temporary prefabricated classrooms in
secondary school — New access to school
from cul-de-sac also intended — Permission to
develop invalid - (1976 No. 3557 P. -
McMahon J. - 12/11/76).
Keleghan v. Corby.
NATURAL JUSTICE
Office Holder
Dismissal — Member of Defence Forces —
Audi alteram partem — Rule ignored —
Dismissal invalid — (6/76 — Supreme Court
- 1/7/76).
The State (Gleeson) v. Minister for Defence.
Police
Dismissal — Statutory procedure —Right of
accused to be informed of allegations — Right
to be given opportunity of answering charges
- The State (Gleeson) v. Minister for Defence
(S.C. -
1/7/76) considered - Garda
Siochana (Discipline) Regulations, 1971, reg.
34. (1976 No. 1715P - HamUton J. -
8/9/76).
Hogan v. Minister for Justice.
NEGLIGENCE
Builder
Scaffold - Plaintiff injured in fall from
scaffold obtained by plaintiff's employers on
hire from 3rd defendants — Plaintiff's
employers acting as sub-contractors for 2nd
defendants — Plaintiff recovering damáges
from his employers - Building (Safety,
Health & Welfare) Regulations, 1959, reg. 29
- (1973 No. 2940P - Murnaghan J. -
1/12/76).
Delaney v. Mather & Piatt Ltd.
Demolition
Support - Terrace of houses - Demolition of
business premises by negligent removal of
support from plaintiffs house — Damages the
NUISANCE
Noise
Vibration — Mining activities — Damage to
dwellings —Damages in lieu of injunction —
(1973 No. 1516P-Gannon J. -(16/2/76).
Halpin
v.
Tara Mines Ltd.
ORDER
Validity
Attachment — Civil contempt of court —
Detention of person in contempt — Transfer
to mental hospital — Whether offence excused
by state of mind - (59/1976 - Supreme
Court - 14/10/76).
The Stale (Heany) v. Central Mental
Hospital.
PARTNERSHIP
Dissolution
Examiner to prepare accounts — Items in
dispute —Matter re-entered in court list for
issues to be determined by court —Trial of
issues on affidavit and oral evidence — Issues
determined by court — Interest on balance
found due to retiring partner —Costs of all
parties payable out of partnership assets -
Partnership Act, 1890, s. 42 - (1970 No.
812P — Kenny J. - 22/1/76).
O'Connor p. Woods.
PRACTICE
Action
Transfer — Claim for unliquidated damages in
High Court — Assault and battery committed
in 1970 — Summons issued in 1975 — No
defence delivered - Whether plaintiff had
absolute right to trial with jury — No trial
with jury in Circuit Court - Action
transferred to Circuit Court —
Ronayne v.
Ronayne
(1970) I.R. 15 considered - (1975
No. 1183P —McWilliam J. - 23/2/76).
McDonald p. Galvin.