The Gazette 1978

N O V E M B E R

1978

GAZETTE

or natural and probable consequence of the damage to the locks or the upholstery. Held, (High Court, Kenny, J.) that the claim for compensation for the wheels and tyres should be disallowed and die Decree of the Circuit Court varied accordingly. H.M. Postmaster General v. Londonderry R.D.C. — [1957] N.I. 77, approved — Dermot Moriarty v. Dublin Corporation — High Court — (per Kenny, J.) — 10 October, 1978 — unreported. LANDLORD AND TENANT Tenants not entitled to a reversionary Lease where the only buildings on the lands held under one of four leases were portions of buildings on lands held under the other three leases. The Applicants held part of St. Finbarr's Hospital, Cork under four sub-leases all of which expired on the 24 March 1964. By the first sub-lease made the 13 September 1866 the part of the lands coloured orange on the map of the hospital lands was let by the sub- lessor for 99 years from the 25 March 1865. It was stated in the sub- lease that it was a renewal of a sub- lease granted by the sub-lessors on the 13 September 1846. By the second sub-lease made also on the 13 September 1866 the part of the lands coloured green on the map was let by the sub-lessors also for 99 years from the 25 March 1865. By the third sub-lease made also on the 13 September 1866 the part of the lands coloured yellow on the map was let by the sub-lessors also for 99 years from 25 March 1865. It was stated in the sub-lease that it was a renewal of a sub-lease of the 15 November 1847. By the fourth sub-lease made also on the 13 September 1866 the part of the lands coloured blue on the map was let by the sub-lessors also for 99 years from the 25 March 1865. It was stated in the sub-lease that it was a renewal of a sub-lease of the 29 October 1840. The President of the High Court (Finlay P.) found that there were no buildings (other than small projections of a building into the North-.west corner and the South- East corner) on the lands and that the lands coloured orange were not subsidiary and ancillary to the said projections but were subsidiary and

ancillary to the buildings on the lands coloured blue, green and yellow. Under the provisions of the Landlord & Tenant (Reversionary Leases) Act 1958 the Lessee under a.; Building Lease (one of the conditions in the definition of which is "that there are permanent buildings on the land and that the portion of the land not covered by such buildings is subsidiary and ancillary thereto") would be entitled to a reversionary lease. Finlay P. stated a case for the opinion of the Supreme Court in which the first question asked was whether the four leases having all been granted by the same sub-lessor to the same sub-lessee on the same day for the same term should be treated as one lease. Held (per Kenny J.) that there were suitable conveyancing reasons why four sub-leases should have been granted instead of one. Three of them were renewals of previous leases, there were covenants for renewals of the leases if the sub-lessors obtained renewals of their leases from the Bishop of Cork and the rents payable under the sub-leases were to be increased if the renewals obtained by the sub-lessors were at a higher rent Accordingly the four sub-leases were not to be treated as one lease'. The second question was whether the lands coloured orange on the map being subsidiary to the buildings standing on the lands coloured blue, green and yellow on the map could and should be regarded as being comprised in a building lease. The Supreme Court answer to thatr question was "no". Southern Health Board v. Sheila Reeves-Smith & A. Gilchrist — Supreme Court (Kenny J.) — IS November 1978 — unreported. Breach by Landlord of covenant to his Tenants for quiet eqjoymcnt, and for trespass by the Landlord — measure of damages. The Defendant was the Landlord of premises in Elgin Road, Dublin let to four separate tenants as follows:- (1) The Basement Flat by an Agreement made the 1 May 1943 to a Mr. O'Neill who covenanted to keep and maintain the interior of the flat in good order and repair, wear and tear excepted. The original term of the letting was one year and the yearly rent £65.00.

RECENT IRISH CASES

CRIMINAL INJURY Motor Car maliciously damaged and parts removed — Claim for compensation for damage caused and for the replacement of parts removed — Measure of compensation. Cost of parts removed not recoverable. On the 17 October, 1975 the applicant parked his car, which was in good condition and fit for driving, at Percy Place, Dublin. When he returned he found that the car had been driven by someone without his consent for a distance of 200 yards, that the four wheels and tyres had been removed and the car left propped up on concrete blocks. In addition, the lock of one of the doors and of the boot had been forced open and the upholstery of the rere seat had been ripped. TTie four wheels and tyres were not recovered and there was no evidence that they had been damaged. The cost of repairing the damage (apart from the replacement of the wheels and tyres) was £49.10, and the cost of replacing the wheels and tyres was £157.61. The applicant included the cost of replacing the wheels and tyres in his claim for compensation. He was granted a decree for £202.00 in the Circuit Court against Dublin Corporation. The Corporation appealed to the High Court against the award insofar as it included compensation for the wheels and tyres. The Court found as a fact that the dominant motive of those who caused the damage was the theft of the wheels and tyres. After an analysis of the various enactments under which compensation could be obtained for criminal injuries including Section 106 and Sections 135 to 140 of the Grand Jury (Ireland) Act, 1836, the Malicious Injuries (Ireland) Act, 1848, the Malicious Injuries (Ireland) Act, 1853 and Section 515 of the Merchant Shipping Act, 1894 and Sec t i on 5(1) of t he Lo c al Government (Ireland) Act, 1898 the Court reached the conclusion that the theft of the wheels and tyres was not within any of the categories of acts which give a right to compensation under the various enactments comprising the Malicious or Criminal Injury Code nor was it the inevitable