The Gazette 1976

in District Court — Conviction affirmed on appeal to Circuit Court — Applicant alleging absence of evidence which would have been essential to support conviction —Application refused on ground that court would not enquire into allegation in certiorari proceedings - (1976 No. 122 SS - McWilliam J. - 17/8/76). The State (Lee-Kiddier) v. Dunleavy. Certiorari Refusal — Conviction in District Court — Trial alleged to have been unsatisfactory — Certiorari proceedings not a substitute for an appeal —Conditional order refused — Illegal fishing by foreign ship - (1976 No. 502 SS - Finlay P. - 15/12/76). The State (Shinkaruk) v. Carroll. Habeas corpus Constitution — Convicted prisoner — Disturbed state of mind and history of self- inflicted injuries — Stringent conditions of detention — Right of bodily integrity not infringed - (1975 No. 140 SS. - Finlay P. - 13/4/76). The State (Crawley) v. Governor of Mountjoy Prison. Habeas corpus Contempt of Court — Imprisonment of indefinite duration — Civil Contempt — Prisoner transferred from prison to mental hospital — Imprisonment replaced by detention for treatment — Applicant in lawful custody - (1976 No. 11 SS. - Finlay P. - 19/3/76). The State (Heany) v. Central Mental Hospital. Habeas corpus Treatment of detainee — Conduct of police enquiry — Whether ill-treatment would invalidate lawfulness of detention — (1976 No. 439 SS - Finlay P. - 14/12/76). The State (Harrington) v. Commissioner of Garda Siochana. STATUTE Interpretation Conflcting provisions — Companies Act, 1963, ss. 99, 104 - (1976 No. 37 Sp. - Hamilton J. - 10/12/76). Lombard A Ulster Banking (Ir.) Ltd. v. Amurec Ltd. (In Liquidation). Natural Justice Delegated legislation — Statutory instrument — Imposition of price control for sale of intoxicating liquor - Legislative power not exercised arbitrarily or capriciously — (1974 No. 1146P - McMahon J. - 28/6/76). Cassidy v. Minister for Industry and Commerce. "Aphrodisia" — Non-medicated soaps, perfumes etc. — No direct reference to character of goods — Not adapted to distinguish and not registerable in Part A— Mark not incapable of distinguishing applicant's goods and registerable in Part B — (1968 No. 219 Sp. - Kenny J. - 31/3/76). Fabergé Inc. v. Controller of Patents etc. Registration "Durex" — Class 10 —Surgeons gloves and finger stalls - Whether public likely to be deceived or confused — Trade Marks Act, 1963, s. 19 - (1974 Nos. 239-43 - Hamilton J. - 13/7/76). L.R.C. International Ltd. v. Controller of Trade Marks. TRADE MARK Registration

TRADE NAMES & DESIGNS Passing off

Contract Specific performance —Licensed premises — Memorandum not invalidated by intoxication of defendant vendor — Acquisition of licence by plaintiff not mentioned by either party — Delay by plaintiff — Damages in lieu of specific performance - (1973 No. 1412P - Gannon J. - 26/4/76). White v. Mc Cooey. Contract Specific performance — Purchase price not ascertained — Purchase of landlord's interest by tenant — Provision that price to be the number of years purchase of rent that would be fixed under Landlord and Tenant (Ground Rents) Act, 1967, if rent reserved were a ground rent within the meaning of that Act — Price of purchase of ground rent under Act of 1967 ascertained by county registrar — Registrar declining to perform function sought to be imposed on him by tenant — Tenant claiming specific performance of contract by landlord — Contract failing to specify person to fix price — Price essential to contract — No concluding agreement — Specific performance refused — (1973 No. 236IP - Hamilton J. - 18/6/76). Carr v. Phelan. Judgment mortgage Registered land — Contract of sale — Registration of judgment mortgage as burden on Folio after execution of contract by owner and before conveyance — Interest of purchaser superior to that of judgment creditor - Registration of Title Act, 1964, s. 71 - (145/75 - Supreme Court - 1/6/76). Tempany v. Hynes. SOCIAL WELFARE Benefit Entitlement — Alienation of property in order to qualify for benefit - Claim rejected — (1975 No. 362 SS. - Gannon J. - 2/2/76). The State (Power) v. Moran. Benefit Hospital services — Geriatric ward of court — Whether ward was receiving "in-patient services" under s. 51 of Health Act, 1970, or "institutional assistance" under s. 54 of Health Act, 1953 - Whether ward chargeable for maintenance — (133/75 — Supreme Court - 20/12/76). In re Mclnerney. Insurance Contribution — Special rate for employees of public authorities - Whether General Medical Services (Payments) Board a public authority - (1976 No. 121 Sp. - Hamilton J. 30/11/76). General Medical Services (Payments) Board v. Minister for Social Welfare. Pension Qualifications - Non-contributory Old Age pension — Applicant alienating property before application - Whether alienation effected to qualify for pension —Decision of appeals officer rejecting application — Evidence to support decision —Decision not invalidated by consideration of irrelevant factors - (1976 No. 362 SS. - Gannon J. 2/2/76). The State (Power) v. Moran. STATE SIDE Certiorari Criminal offence — Admission by applicant and plea of guilty — Conviction of applicant 8

Packaging — Similar designs — Equipment for slimming — Plaintiff not the owners of relevant goods but sole distributing agents of the owner — Judgment for the plaintiffs — (1976 No. 80P - McWilliam J. 17/6/76). Grange Marketing Ltd. v. M. A Q. Plastic Products Ltd. TRADE UNION Trade Dispute Picketing — Closure of factory and cessation of business — Employer paying redundancy money — Former employees in dispute about non-employment — Trade dispute in existence and injunction to restrain picketing refused — (1976 No. 3509P - Hamilton J. - 22/9/16). Gouldings Chemicals Ltd. v. Bolger. Trade Dispute Picketing — Seasonal worker — Application for employment refused because of unsatisfactory work when employed by plaintiff on previous occasion — Dispute about non-employment — Trade dispute in existence — Interlocutory injunction refused - (1976 No. 4860P. - Hamilton J. - 19/11/76). McHenry Bros. Ltd. v. Carey. TRIBUNAL Decision Validity — Evidence to support decision — Decision not invalidated by consideration of irrelevant factors - (1976 No. 362 SS Gannon J. - 2/2/76). The State (Power) v. Moran. TRUSTS Will Bequest — Whether precatory trust or absolute gift - (1974 No. 374 Sp. - Hamilton J. - 14/5/76). In re Sweeney: Hillary v. Sweeney. WILL Construction Devise of "freehold land" — Testator owning property under long lease — Falsa demonstratio non nocet — Lease for 10,000 years with provision for abatement of rent — No rent paid for 40 years — Presumption that rent redeemed — Bequest of leasehold interest to tenant for life —Provision that life tenant use premises as principal residence not void for uncertainty but void under s. 51 of the Settled Land Act, 1882 - Costs payable out of specific bequest - (1974 No. 94 Sp. - Construction Precatory trust or absolute bequest - Universal devise and bequest to wife "for her own absolute use and benefit" subject to express wish that she makes provision for the payment of specified legacies —Wife entitled beneficially —No trust or condition attached to bequest - (1974 No. 374 Sp. - Hamilton J. - 14/5/76). In re Sweeney: Hillary v. Sweeney. WORDS AND PHRASES "Chips" Prosecution for breach of condition imposed in granting permission for user of premises as "fried fish and chip shop" - Condition imposed under Local Government (Planning and Development) Act 1963 - (1976 No. 36 SS - Finlay P. - 1/6/76). Corporation of Dublin w. Raso. Kenny J. - 30/3/76). In re Atkins, deceased.