The Gazette 1977

cost of rebuilding as distinct from market value of destroyed house — (1975 No. 3504P

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. 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

INFANT Custody See Husband and Wife. INJUNCTION Remedy

- 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).

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. 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. 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 JURY Panel LANDLORD AND TENANT Lease

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.

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. 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. 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. PARTNERSHIP Dissolution PRACTICE Action