The Gazette 1977

DECEMBER 1977

GAZETTE

Index to Recent Irish Cases 1977

awarded for cost of remedying defects and carrying out repairs) 3 Keflcghan, Dodd and O'Brien v. Corby and Dublin Corporation (Permission to erect temporary buildings not valid under Planning Acts) 13 Killiney and Ballybrack Development Association v. Minister for Local Government and Templefln Estates Ltd. (No. 2) (Declaration that Ministerial permission given for housing development was null and void rejected) 8 Leinster Importing Co. v. Dublin County Council (Planning Authority entitled to acquire lands compulsorily for recreational purposes) 19 Loughney v. Byrne (Injunction granted to demolish defendant's extension which obstructed the light in plaintiff's rooms) 14 McDonald v. Galvin (Clain for assault transferred to Circuit Court) 8 Morrlssey and Sons v. Nalty (Auctioneer's Claim for Commission dismissed) ... 12 Movie News Ltd. v. Galway County Council (Land cannot be acquired compulsorily by a planning authority) 18 National Engineering and Electrical Trade Union and others v. McConndl (Attempt of Trade Union to remove its Financial Secretary from office declared void) 17 People (A-G) v. Keane (Appeal dismissed, because fingerprints found in co- conspirator's garage established appellant's guilt) 10 People (D.P.P.) v. Madden, O'Donnell, Lynch and Doyle (Man machine gunned to death in Cork. Two accused acquitted for lack of evidence. Other two accused convicted) 1-3 People (D.P.P.) v. Roddy and Duffy (Gardai may use D.P.P.'s name in prosecutions) 13 People (D.P.P.) v. Stcnson (Accused acquitted of murder of Garda, as statement taken was irregular) 4 People (D.P.P.) v. Walsh and McGowan (Claim that statements relating to Herrema kidnapping were not voluntary refected) 8 Readymix Ltd. v. Liffcy Sandpits Ltd. (Application for new Tenancy refused, as premises not a "tenement") 13, 21 Revenue Commissioners v. Shaw and Talbot- Crosbie (Deceased had Irish domicile, though resident for long in Scotland) 15 Smelter Corporation of Ireland Ltd. v. Sabina ODrlacoO (Specific performance refused because of fundamental unfairness of transaction) 19 Starling Securities Ltd. v. Woods and Investment Holdings International Ltd. (Specific performance refused due to illegal contract to defraud the revenue) 12 The State (Monica Hayes) v. The Criminal Injuries Compensation. Tribunal (Certiorari refused as Tribunal had correctly deducted Social Welfare benefits) 14 The State (Holland) v. District Justice Eileen Kennedy and the Governor of Mountjoy Prison (Evidence is required that young person is unruly before being imprisoned) 17 The State (Neculai) v. District Justice McCourt (Certiorari refused as conviction for entering exclusive fishery limits valid) 4

The State (O'Callaghan) v. District Justice O'Huadhalgh (Plaintiff cannot be prosecuted a second time for the same offences for which a nolle prosequi had been entered the first time) 11 Wade v. Donnolly and South of Ireland Asphalt Co. (Third party liable to defendant for contribution, as man was killed by icy surface due to potholes caused by third party's heavy lorries) 5 Wigoder v. Moran and Leopold (Extension of Time for Service of Notice of Intention to claim relief.by tenant under Landlord and Tenant Act will not be refused due to erroreous advice by Counsel) 54

NOTE: Nearly all these entries refer to the separate numeration in the green pages. Re James Bennett deed. Bennett v. Bennett (Extrinsic evidence admitted to clarify words in will) 9 Byrne v. Loftus (Conditions under which a landlord may insist a Rent Review clause in a lease defined) 23 Connor v. Qninlan (Person who enters into beneficial occupation entitled to specific chattels) 6 Corley and others v. GUI (Trustees of Belgrove Football Club entitled to a Sporting Lease under Landlord and Tenant Act 1971 23 Corrigan v. Irish Land Commission (Objection cannot be made on Appeals against personnel of Commissioners, as objection waived at hearing) 21 Cotter v. Ahcrn, Hurley, Garvey and others (Plaintiff, National Schoolteacher, awarded damages against defendant officials of INTO, for compelling him to transfer to school 200 miles away) 6 Damen and Zonen v. O'Shea (Defendant must pay sum due to foreign creditors in ' foreign currency) 14 Dowling v. Jedos Ltd. (Correct actuarial evidence and factors in respect of mental distress not applied in fatal injury claim) 14 D.P.P. v. FarrcO (Accused acquitted, as Superintendent had no power to detain him) D.P.P. v Noel Murray and Marie Murray (Death sentence on Noel Murray quashed as he was not guilty of capital murder. New trial ordered on question of recklessness for Marie Murray) (White pages) 18-21 Dublin Corporation v. Dublin Port and Docks Board (Docks Board not liable for rates for transit sheds in Dublin Port) 5 Fitzpatrick v. McGivern Ltd. (Purchaser awarded damages against builder for defects in workmanship and materials) 4 Gooldlng Chemicals Ltd., V. Bolger, Byrne and others (Picketing by a minority of t r a d e u n i on m e m b e rs l a w f ul notwithstanding the fact that there was a compensation agreement accepted by majority of workers) 18 H. v. H (If there is an order under S.56 (5) (b) of the Succession Act 1965 directing an executor to appropriate the dwellinghouse on the farm forming estate of deceased towards the satisfaction of the legal right of the deceased, the applicant must first satisfy the Court that the exercise of the right of appropriation is unlikely to diminish the value of assets other than the dwelling, or to make it more difficult to dispose of them in due course of administration) 183-84 Hogan v. Minister for Justice (Special Inquiry set up to inquire into dismissal of plaintiff* Garda must furnish him with full particulars of the charge) 10 Hynes v. Garvey (Dismissal of ggarda justified in view of material contained in dossier) 18 J.V.D. and others (Aunts awarded custody of four children in preference to father, after death of mother) 22 Johnston v. Longleat Properties (Damages