The Gazette 1978

condition not satisfied - Defendant vendor not bound by acceptance - Agent without authority - (1977 No. 1904P - Kenny J. - 24/5/78). Delgado v. Crean. ARBITRATION Award Validity - Arbitrator failing to express opinion on respondent's counterclaim - Award in favour of applicant — Award equivalent to rejection of counterclaim — Failure to state Case to High Court —No formal request to arbitrator to state Case - Award held unobjectionable - (1977 No. 771 - Hamilton J. - 10/7/78). Stillorgan Orchard Ltd. v. McLaughlin d Harvey. Time Limit Extension - Expiration of contract period for referring dispute to arbitration - Period extended pursuant to statue - (1976 No. 272A - Hamilton J. - 8/12/76). Walsh v. Shield Insurance Co. Ltd. Pigmeat - State export agency - Levy on production of bacon from pig carcases - Domestic statute compelling curers to pay levy to agency - Rebate payable to curers who exported through agency - Whether scheme compatible with Community legislation - Whether defendant compelled to pay levy - Whether defendant could recover levy money already paid - High Court exer- cising discretion to refer questions to Court of the European Communities - Pigs & Bacon (Amendt.) Act, 1939 - Council Regulation (EEC) No. 2759/75 of 29/10/75 - Treaty of Rome, Article 177 - (1976 No. 194 - Costello J. - 30/6/78). Pigs d Bacon Commission v. McCarron Ltd. Debenture - Appointment of receiver - Equitable assignment of assets - Company's debtor directed to pay amount of debt to third party - Debt payable to company on 10th February and paid to third party on that data - Appointment of receiver on 7th February - Direction to debtor given prim to appoint- ment of receiver - Debt not captured by debenture - (1976 No. S66P - Hamilton J. - 16/2/78). Ktlgobbin Mink Ltd. v. National Credit Co. Ltd. Charge COMMON MARKET Trade COMPANY Charge

panics Act, 1963, s. 99 - (1977 No. 48SSf - Hamilton J. - 27/1/78). TelfordMotors Ltd. d Companies Act, 1963 Deed Execution - Receiver appointed by debenture holder - Sale of company's property bj receiver — Receiver having no power to sffb company's seal to conveyance - Receive! having power to execute conveyance oi behalf of company under power of attorney given in debenture - Decision of High Cour (1/5/78) reversed - Conveyancing Act, 1881, s. 46 - (122/78 - Supreme Court - 29/11/78). In re Industrial Development Authority. Seal Use - Delegation - Power of attorney - Company creating debenture giving holder power to appoint receiver over assets of com- pany in certain event - Debenture giving re- ceiver power to sell company's land in name of company and "to execute, seal and deliver" any deed for that purpose - Debenture given under seal of compariy - Receiver appointed and sale by him of company's land - Company's seal affixed by receiver to conveyance - Conveyance ineffective - Company unable to give donnee of power of attorney the power to affix seal to deed within State — Conveyancing Act, 1881. s. 46 - (S. 1603/78 - Butler J. - 1/5/78). Industrial Development Authority A Folio Acquisition - Illegality — Notice —Bank lending money - Money used by borrower to buy shares in company — Company providing security for loan - Whether bank could enforce security - Bank not having actual notice of application of money lent — Constructive notice insufficient — Bank entitled to possession of company's land under equitable deposit of title deeds — Decision of High Court reversed — Companies Act, 1963, s. 60 - (183/77 - Supreme Court - 28/7/78). Bank of Ireland v. Rockfield Ltd. Shares Acquisition - Scheme under s. 204 of Act - Dissenting minority shareholders alleging oppression — Onus of establishing oppression not discharged - Notice sent to addresses in register of shareholders - Companies Act, 1963, ss. 60, 204 - (1978 No. 43 Sp. - McWflliam J. - 27/10/78). McCormick v. Cameo Investments Ltd. Shares Purchase - Statutory prohibition against company providing finance for purchase - Individuals borrowing money from plaintifT to buy specified land - Land owned by defendant company - Money used by borrowers J& buy controlling interest in defendant company - Company depositing 43689. Shares

ADMINISTRATION Appropriation

Personal representative - Exercise of power - Executor having a general and unfettered discretion to exercise power within performance of duty to administer estate in due course of law - General power under s. 55 subject to special statutory right of surving spouse under s. 56 — Apart from s. 56 surviving spouse has no special right to compel executor to exercise power in particular manner - Succession Act, 1965, ss. 55, 56 - (126/77 - Supreme Court - 25/4/78. Harmon v. O'Donovan. Testator Moral duty - Beach - Children of testator - Part of estate allocated by court to children - Allocation to be held on discretionary trusts for benefit of children — Succession Act, 1965, s. 117 - (1977 No. 346 Sp - Withdrawal - Natural mother seeking custody of her child - Child in care erf intending adopters - Consent of mother withdrawn - Application by intending adopters to High Court pursuant to s. 3 of Adoption Act, 1974, for order awarding them temporary custody of child — Custody of child awarded to mother - (1978 No. 290 Sp - Finlay P. - 19/9/78. G. v. An Bord Uchtdla. AGENCY Agent Authority - Company's servant purporting to sell company's goods to plaintiff immediately before appointment of receiver - Servant's lack of authority known to plaintiff - No sale effected - (1977 No. 2234P - Costello J. - 9/5/78). Kelleher v. Continental Irish Meat Ltd. Agent Authority - Implied or ostensible - Director being majority shareholder in company — Director instructing company's debtor to pay amount of debt to third party - Director having ostensible authority - (1976 No. 566P. - Hamilton J. - 16/2/78). Kllgobbin Mink Ltd. v. National Credit Co. Ltd. Agent Authority - Ratification - Unauthorised act of agent - Test applicable - Loan for com- pany negotiated by purported agents of company - (183/77 - Supreme Court - 28/7/78). Bank of Ireland v. Rockfield Ltd. Agent Authority - Sale of land - Conditional con- tract to sell - Estate agent accepting plaintiff purchaser's offer to buy at time when Costello J. - 21/7/78). L. v. Bank of Ireland. ADOPTION Consent

Validity - Failure toregistercharge - Charge void - Voluntary winding up - Late registration effected after date ofresolutionto wind up - Late registration allowed pursuant to order of court made without prejudice to rights of unsecured creditors - Irrelevant that charge registered in Lands Registry - Conv