The Gazette 1974

in penology for nine months on full pay, and his duties would then be carried out by the present holder, Sen- ator Robinson. It is proposed to amend the scheme as follows; The Professorship will be full-time; the ap- pointee will be a graduate called to the Irish Bar; all previous holders shall be eligible. The appointee will be appointed by a specified Board, and must then de- liver at least 60 lectures in Criminal Law, 30 lectures in Penology, and 30 lectures in Criminology. The salary of the Professor shall be determinated by the Board. If the candidates who apply are not suitable, the Board may appoint any suitable graduate. As this appointment cannot be made in a hurry, Senator Robinson can retain the Professorship until the ap- pointment is made. Re: Trusts of Richard Touthill Reid and of the Reid Professorship; The Provost, Fellows and Scholars of Trinity College v The Attorney Gen- eral and others. Kenny J.; Unreported; 21st June 1974. Th e plaintiff, a well known rider in show jumping competitions, regards himself as an amateur in horse jumping competitions outside Ireland. He owns a large farm in Kilkenny, and is also director of Dublin Bloodstock Ltd. The defendants are an unincorporat- ed Association affiliated to the Federation Equestre In- ternationale hereafter called F.E.I. Regulations pro- vides that every rider, amateur or professional who wishes to take part in competitions held under the rules of the F.E.I, must be in possession of an annual licence, which may be refused without assigning reasons. T h e plaintiff competes in competitions outside Ire- land, and, when he does, he is paid a sum to cover his expenses, and has occasionally got presents such as a set of Waterford glass or a motor car, and even money sometimes, although the plaintiff has no legal right to receive them. In January 1974 the F.E.I, sent a standard questionaires to be completed by riders who applied for an amateur or a professional licence. Article 144 of the F.E.I. Regulations defined an amat- eur as one who does not attempt to make a profit through competition, and whose main and substantial sources of income are not derived from equestrian sport. Amateurs wishing to ride competition horses not belonging to them regularly must obtain permission from the defendants. Article 145 of the F.E.I. Regul- ations defines a professional as one who accepts re- numeration for riding competition horses in show jumping or dressage, deals in competition without the permission of defendants, and receives allowances on the scale of horses he rides. In reply to the query as to what were his main sources of income he said they were 80% farming, and 20% as a director. The plain- tiff answered " No " to the question whether he had ac- cepted remuneration for riding competition horses in show jumping and dressage. In answer to the question whether he had received payment for training compet- ition horses or an allowance on the sale of horses he Plaintiff's amateur status as an international horse show jumper upheld

rode, he said that he had received an occasional pr eS ' ent when horses were sold so as to cover his expenses- Wh en the Defendants met on 10th May 1974, they decided that, in view of the answers to the questions, they could only issue a professional licence to pl air1 ' tiff; they appointed a sub-committee to interview plaintiff who came to the same conclusion. The de- fendants accordingly wrote a letter to that effect to the plaintiff on 13th May. The plaintiff issued a plenary summons on 28th May in which he sought a mandat- ory injunction directing the defendants to issue a n amateur horse riding show jumping licence to h llTl ' Kenny J. directed that the defendants should h ave notice of the application. It is the company, Dublin Bloodstock Ltd. whi cfl deals in competition horses, and the plaintiff does not. but the plaintiff had not informed the sub-commit tee that he was only a director of the company. As re gards payments made to plaintiff to reimburse him f° r travelling expenses, this is not remuneration, nor lS payment for riding horses in competitions, which a re not rewards for services rendered. If a grateful own e [ cares to show his appreciation for the plaintiffs sk 1 in riding his horse by making him a present, he is n° remunerating him. Accordingly Kenny J. did not gr an the injunction but gave a declaration that the pl ain tiff is an amateur within the Regulations of F.E.I. E aC side will have to bear their own costs. [Brennan v Equestrian Federation of Ireland Kenny J.; Unreported; 30th May 1974.] On 5 November 1969 the second named defendan ' Traditional Homes Ltd., applied to the Dub" County Council under the Planning Act 1963 for ou ' line permission to erect 34 houses on land in S h a n k m The application was objected to by many local reslC fe ^g' one of whom was the plaintiff. On 13 November 19° ' Dublin Co. Council refused to grant this permission. u 17 December 1969, the plaintiff and local resident opposed the application for planning permission, wnf Traditional Homes had appealed against the refusal- D the appeal the plaintiff appeared and objected on rr ?: 5 half of 23 residents to the granting of permission. J"* appeal was conducted orally by an Inspector of ' Department in February 1970, and the Inspector mitted his report to the Minister one year l a t e r \ e . March 1971. Here the Inspector recommended that 0 fore any decision was made concerning drainag. arrangements, trial holes should be opened and the s tested for soakage by the County Council. If th e tests proved satisfactory, permission to build not m 0 ^ than 13 houses on the site should be granted subject specified conditions. This Report was not made ava able to the plaintiff or to the residents. Howe v arrangements were made between the County CouO and Traditional Homes to carry out the tests for s °' U1IU l l U U U l V i m i A AVillVJ VV VUi A J WUV HIV IViJW - • 1\ conditions and soakage, on 28 May 1971. In the opi& 0 of engineering experts the soil conditions were found be satisfactory, and therefore the septic tanks could c uic sc iiL. l uiva i , used without risk of injury to the public. According- the County Council on 21 September 1971 made * order granting outline planning permission for the c struction of 27 houses. The basis of the plaintiff's act 1 174 Order of County Council to grant planning per miss 10 for the erection of houses void