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GAZETTE
AUGUST/SEPTEMBER
1995
LOCAL GOVERNMENT
Local
Government
Act
1994
Commencement Order 1995 (SI No.
245 of 1995)
This Order brings s. 22 of the Local
Government Act 1994 into operation
with effect from 19 September 1995.
East
Wicklow
Conservation
Community
Limited v.
Wicklow
County Council and Or.
High Court
(Costello J) [1995] 2 ILRM 16
Powers of county manager - Proposal
for waste disposal site - Elected
members of county council passing
resolution that proposed site should
be rejected - Refusal by county
manager to comply with resolution -
Whether county manager bound by
direction - Local authority which has
exercised power to collect house
refuse under a duty to provide place
where it can be deposited - Pubiic
Health (Ireland) Act.1878, ss. 52, 55 -
City
and
County
Management
(Amendment) Act 1955, ss. 2, 3
Partick McNamara
v. An Bord
Pleanála and Ors
High Court (Carroll
J) [1995] 2 ILRM 125
Planning and Development - Grant of
permission for landfill site for
municipal waste - Amendment of
plans - Removal of sand and gravel
below
water
line -
Whether
environmental
impact
statement
adequate - Whether newspaper
notice of application adequate -
Matters left by An Bord Pleanála to be
decided between the developer and
the planning authority - Whether
abdication of responsibility and
wrongful delegation of powers -
Conditions relating to traffic -
Whether
ultra
vires
- Whether
substantial grounds -
European
Community (Environmental Impact
Assessment)
Regulations
1989,
Schedule 1, Part II, s. 2(d)
PRACTICE AND PROCEDURE
Countyglen pic v. John Carway and
Ors.
High Court (Murphy J) [1995] 1
ILRM 481
Injunction - Mareva - Company -
Former director - Allegations of fraud,
breach of duty and breach of trust -
Application to preserve assets of
specified defendants pending trial of
the issues - Whether fair, serious
question to be tried - Whether real
and substantial risk of removal of
assets
-
Affidavits
sworn
by
defendants - Failure to disclose assets
and failure to deal with allegation that
assets might be removed or dissapated
- Inferences to be drawn - Territorial
scope of Mareva order - Whether
order should be limited to assets
within the jurisdiction of the court
Teresa Tate v. Minister for Social
Welfare, Ireland and the Attorney
General
High Court and
Esther
Robinson and Ors. v. Minister for
Social Welfare, Ireland and the
Attorney General
High Court (Carroll
I) [1995] 1 ILRM 507
Limitation of actions - Whether claim for
damages against State in respect of its
failure to implement a directive statute-
barred - Whether failure to observe
community law amounts to a tort -
Statute of Limitations 1957, s. 11(2)
Best v. Wellcome Foundation Limited
High Court (Murphy J) [1995] 1 ILRM
554
Costs - Plaintiff unsuccessful in High
Court but succeeding in Supreme
Court on appeal - Supreme Court
order
awarding
costs
against
defendant - Whether interest should
run only from date of taxation of costs
- Courts Act 1981 - Debtors (Ireland)
Act 1840, ss. 25, 26, 27 - Rules of the
Superior Courts 1986, O. 42 r. 15
Agritex
Limited
v. Patrick
J.
O'Driscoll
and Ors carrying on
practice as P.J. O'Driscoll and Sons
Solicitors
High Court (Lynch J) [1995]
2 ILRM 23
Solicitor - Taxation of costs - Whether
a solicitor who has delivered a bill of
costs can deliver a different bill when
taxation of those costs is sought -
Attorneys and Solicitors (Ireland) Act
1849, s. 2 - Rules of the Superior
Courts 1986, O. 99 r. 29(5)
Partick McNamara
v. An Bord
Pleanála and Ors
High Court (Carroll
I) [1995] 2 ILRM 125
judicial review - Planning and
development - Application for leave
to seek judicial review - Grant of
permission for landfill site for
municipal
waste
-
Whether
substantial grounds - Test to be
applied
-
Local
Government
(Planning and Development) Act
1963, s. 82 - Local Government
(Planning and Development) Act
1992, s. 19(3) - Rules of the Superior
Courts 1986, O. 84
Words and phrases - 'Substantial
grounds' - Applications to seek
judicial review in planning and
development matters - Test to be
applied
-
Local
Government
(Planning and Development) Act
1963, s. 82 - Local Government
(Planning and Development) Act
1992, s. 19(3) - Rules of the Superior
Courts 1986, O. 84
Voluntary Purchasing Groups Inc. v.
Insurco International Limited and Or
High Court (McCracken J) [1995] 2
ILRM 145
Setting aside of ex
parte
order -
Application for an ex
parte
order
while appeal in the substantive matter
is still pending - Costs - Foreign
Tribunals Evidence Act 1856, ss. 1 ,5
- Rules of the Superior Courts 1986,
O. 39 rr. 39-44, O. 52 r. 3
Dolores Bowes v. His Honour Judge
Devally and the Director of Public
Prosecutions
High Court (Geoghegan
I) [1995] 2 ILRM 148
Judicial Review -
Certiorari
-
Application to quash order directing
forfeiture of monies - Applicant
convicted of posession of drugs -
Application seeking to quash part only
of District and Circuit Court order -
Whether order severable - Remission
of matter to Circuit Court judge -
Rules of the Superior Courts 1986, O.
84 r. 26(4)
B. & S. Limited v. Irish Auto Trader
Limited
High Court (McCracken J)
[1995]
2
ILRM 152
Injunction - Passing off - Car sale
magazine - Entry into Irish market of
Irish edition of UK magazine -
3