The Gazette 1958-61

Section 18 specifies the conditions under xvhich appropriations of payment by an owner in respect of hire-purchase agreements may be made. Under section 19 in an action commenced after the commencement of this Act by the owner of goods let under a hire-purchase agreement to enforce a right to recover possession of the goods from the hirer—or to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto— (a) the Circuit Court shall have jurisdiction where . the hire-purchase price or the amount claimed does not exceed £1,000, (b) the District Court shall have jurisdiction where the hire-purchase price or the amount claimed does not exceed £100. Notwithstanding the Courts of Justice Acts proceedings in the District Court must be instituted in the district in which the defendant or one, at least, of the defendants ordinarily resides or carries on any profession, business or occupation in the State. By section 20 the term " hire-purchase " is more extensively defined than hitherto. By section 21 a copy of the note or memorandum of hire-purchase and credit-sale agreement must be sent to the hirer within fourteen days of signature. By section 23 a hirer may not determine a hire purchase agreement made after the commencement of this Act in respect of plant or machinery (other than mechanically propelled vehicles) which is intended for use in an industrial process and the cash price of which exceeds two hundred pounds. Under section 24 owners and sellers must supply relevant documents and information to the hirer within seven days of receiving a request for them. By section 26 the jurisdiction of the High Court to remit or transfer actions under section 25 of the Courts of Justice Act, 1924, may in relation to an action pending in the High Court by the owner of goods let under a hire-purchase agreement— (a) to enforce a right to recover possession of the goods from the hirer, or (b) to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto, at any time before judgment is given in the action, be exercised by the High Court of its own motion and without application in that behalf having been made to it by any party to the action. This shall not be done unless the plaintiff consents thereto or the defendant satisfies the Court that he has a good defence to the action. By section 27 notwithstanding anything contained in rules of court, in an action in the High Court or the Circuit Court commenced after the commence ment of this Act by the owner of goods let under a hire-purchase agreement claiming, whether solely

or together with any other claim, the enforcement of a right to recover possession of the goods from the hirer, judgement may be obtained only from a Judge or, where appropriate, from the Master of the High Court. By section 28 where the hirer of goods of any class Or description is a dealer in goods of that class or description and sells the goods of which he is the hirer when ostensibly acting in the ordinary course of his business as such dealer, the sale shall be as valid as if he were expressly authorised by the owner to make the sale, provided that the buyer acts in good faith and has not at the time of the sale notice that the hirer has not authority to make the sale. District Court Summons. State (Cunningham) v. District Justice O'Flynn— 29th January, 1960. The Supreme Court, per O'Dalaigh, J., held that, in a District Court summons, it is henceforth necessary to state'not merely the Act, and the section of an Act, under which proceedings are instituted, but also that the nature of the offence committed should be set out in full detail. Consequently a summons charging a person with an offence " as by law and statute provided " is invalid, and is bad on its face. Customs offences triable summarily Melling v. O'Mahony—April, 1960. McLoughlin J., held that offences under the Customs Consolida tion Acts allegedly committed by the plaintiff were not criminal offences involving trial by jury, and even if they were criminal offences they were minor offences which could be tried summarily in the District Court. It is understood that an appeal to the Supreme Court is pending. Con. mission. Transaction effected by transfer of shares. In Keningtons v. Nicholson's Executors (1959) 175 E.G. 101, Barry, J., held that, where four hotels were sold for a consideration of a transfer of shares, estate agents were entitled to commission calculated upon the value of the shares. Cor/.tpanj L,an>. Shares—dissentient shareholders, acquisi tion of shares of. In the ordinary case of an offer under s. 209 of the Companies Act, 1948, where the 90 per cent, majority who accept the offer are unconnected with the persons who are concerned with making the offer, the court pays the greatest attention to the views of that majority ; but where the persons who are in fact putting forward the offer are the only two 18 DECISIONS OF PROFESSIONAL INTEREST