The Gazette 1978

Index to Recent Irish Cases (Page numbers refer to Green pages)

Bank of Ireland Finance v. Rockfldd Ltd. (Defendants' contention that an equitable mortgage of £170,000 was not well charged rejected, because it had been adopted and ratified by them. Active con- structive notice defined. Order made directing defendant forthwith to deliver possession of the lands) 22 Beecham Group Ltd. v. Controller of Patents and Bristol Myers. (Construction of S. 65 of Patent Act, 1964, re "person aggrieved" and re "ommissions in the Register without sufficient cause or errors or defects in any entry") 14 Brewster v. Burke and Minister for Labour (If Redundancy Appeals Tribunal grants compensation to an employee whose dis- missal did not comply with the Minimum Notice Act, 1972, this is a question of fact determinable by the Tribunal) 11 Buckley's Stores v. National Employers Mutual General Insurance Association and Others (Motor Insurers — Norwich Union - liable to pay damages for accident, as employers who drove their employees to work were under no con- tractual obligation to them for this) 10 Re Comhaltas Ceoltolri Eireaim (District Justice can consider objections to the renewal of a Certificate under the Registration of Clubs Act (Ireland) 1904 based on an allegation of habitual user contravening the Planning Acts, and can consider objections that the Club was habitually used to sustain such con- travention) 13 H.D. v. P.D. (Construction of Sect. 5 of Family Law (Maintenance of Spouses and Children) Act, 1976, relating to consent on right to maintenance 15 Dalton v. Frendo (Skilled employee responsible for his own injuries when he uses a ladder) 5 Director of Public Prosecutions v. McGulnness (Trial and conviction of accused for rape unsatisfactory due to constant interruptions of Judge — Verdict set aside and new trial ordered) .... 21 Re Doran, deed. - Rowe v. Law (If Will is clear and unambiguous S. 90 of Suc- cession Act 1965 will not allow extrinsic evidence to explain it) g Dublin Corporation v. W. Smlthwick (Right of applicant to compensation under S. 58 of Planning Act 1963 not affected by subsequent sale. There is no obligation on the Minister to decide on application for compensation within a specified time) 6 Director of Public Prosecutions v. Keith Lltticjohn (Special Criminal Court is a statutory Court. The accused should not wait three years to appeal. The superficial defects in procedure did not mislead the accused 22 Donnelly - Liquidator of Britain Ltd. v. Gleeson and Employment Appeals Tribunal (Appointment of a provisional liquidator did not operate to determine contracts of employment. Continuity of service in relation to the Redundancy Pay- ments Acts and Minimum Notice of Employment Act not broken) 21 Re Folio 43869, Co. Cork Regd. Owner: Cork Shoe Co., Ltd. (Bank of Ireland given a charge on registered land has

power to sell and convey, but a company has no power to act by Attorney to execute deeds within the State) 12 Fábergé v. Controller of Patents (When a word for which registration for a trade mark is sought in a foreign language, the Controller must not treat the application as one for the corresponding English or Irish word) 7 Fortune v. Jacob &Co. Ltd. (Where arisk in the system of work becomes manifest, and the Employer can avoid using it, he is negligent if he permits it to be used 11 Gerrtt Vanddden & Co. v. Seafldd Geutex Ltd. (Drawer not entitled to set-ofT counterclaim for unliquidated sum against amount due on Bill of Exchange) . 20 Hannon v. ODonovan and Hannon (Order under S. 55 of'Succession Act, 1965, upheld, allowing personal representatives to appropriate the lands on which the dwelling is situate towards the satisfaction of plaintiff's half share) 13 Hamlll v. Oliver (It is contributory negligence if iiyury to plaintiff results from not wearing seat belt in motor accident) 2 Estate of Hlrsckberg - Ulster Bank v. Irish Land Commission (Distinction between relief of congestion and resale to specified persons) 5 Hickey Ltd. v. Roches Stores Ltd. (Extension of headings for rules for measuring damages for breach of contract) ... 9 Incorporated Law Society and P. C. Moore v. Minister for Justice and Attorney General (Right of access to the Courts does not mean that prisoner may choose his solicitor - that the Minister had a right to draw up a list of solicitors for this purpose - that the Rules re Government of Prisons 1976 were ultra vires) . 18 Kostan v. Ireland and Attorney General (Forfeiture of fish and fishing gear of a value of more than £100,000 not a minor offence - S. 221 of Fisheries (Con- solidation) Act, 1959, unconstitutional) 5 KDIney and BaOybrack Development Association v. Minister for Local Govern- ment and Templeflnn Estates (No. 2) (Plaintiffs objected to planning per- mission granted to Templeflnn and applied to have it declared invalid because it contained an invalidating permission — Supreme Court found it necessary to give ruling, because this condition was then no longer in force) 19 M.L. and A.W. v. M.L. (Construction of S. 17 of Succession Act, 1965, that deceased failed in his moral duty to pro- vide for his children) 4 Mara v. Hummingbird Ltd. (High Court will not upset finding of Revenue Appeal Commissioner if based on sufficient evidence) 2 Macey Ltd. v. Tyler Ltd. (Rent review clause to be determined by value - whether lessor should be excluded as a prospec- tive tenant for the purpose of determining rack rent of premises in Henry Street, Dublin) 17 Morlarty v. Dublin Corporation (Car damaged by vandals. Theft of wheels and tyres does not give right to compensation under Malicious Injury Code) 25

MunoeSy v. Calcon Ltd. (In the case of demolished premises the measure of damage should be the pre-damage value of the premises in Aungier Street, Dublin — £35,000 - and not the re-instatement value - £65,000) 14 Northern Bank Finance Corporation v. Chariton and Sheehy (Plaintiffs found to have made false representation - Function of Appellate Court in reviewing findings of fact and law by Inferior Court reviewed) 27 OTlaherty v. Arvan Properties (Specific per- formance refused, as there had never been an enforceable agreement by defendant to grant lease to plaintiffs, as no date for commencement of lease had been inserted) 7 O'SuOtvan v. CJ.E. (If High Court awards damages by conventional method of assessing loss, the Supreme Court will not interfere unless wrong principle applied) 10 Porter v. Fay and Others (In a Will, the four children of a testator took absolute interests in the property, but one daughter had a life interest in the house, with re- malhder to the four children of the testator on equal shares) 17 Revenue Commissioners v. Kkkhope-Shaw and Talbot-Crosble (Estate duty payable by deceased, as he had never abandoned his Irish domicile) 1 The State (Crothers) v. District Justice Kefly, Dublin Corporation and the Attorney- General ("Audi alteram partem" not applied - Conditional Order of Certiorari quashing Justice's order for delivery of possessions made absolute) 27 The State (Gflsenan) v. District Justice MeMorrow (The expression "Northern Ireland" applies to the Six North-Eastern Counties of Ireland) 3 The State (Oliver O'Reffly) v. CHnlcal Director of Central Mental Hospital, (Habeas corpus refused to discharge prosecutor from Central Mental Hospital) 1 The State (OUagan and Monaghan) v. Governor of Portiaolse Prison (It is for the Court of Trial to examine written communications between a primer awaiting trial and his solicitor - Habeas corpus refused) 9 The State (K.M. and R.D.) v. Minister for Foreign Affairs (Sections 3 and 40 of Adoption Act 1952 not unconstitutional. Right to free movement within the State and to have passport. In case of child, this right to be exercised by parents. Here it was in interest of child to travel to Nigeria) 24 The State (Murphy and Stanbridge) v. District Justice Mahon (Failure to hear submissions from Defendants on evidence of convictions, which should be properly proved, is a basic breach of administra- tion of justice, but Court uses discretion not to quash conviction) 20 The State (Marie Murray) v. Governor of Limerick Prison (An interference with a prisoner'sright to receive or send letters to her husband does not render the detention unlawful) 27 The State (CaKaghan) v. Irish Land Commission (In the event of a refusal of