The Gazette 1978

defendants - (1976 No. 5632P - Finlay P. - 15/3/78). Rodgers v. Irish Transport A General Workers Union.

stitution - (1977 No. 363 SS - McMahon J. - 6/3/78). The State (Fagan) v. Governor of Mountjoy

COMPANY - continued title deed» with plaintiff as security for loan - Loan voidable at instance of company against plaintiff if latter had notice of facts attracting statutory prohibition - Constructive notice not sufficient - Finding of fact that plaintiff had such notice - Companies Act, 1963, ss. 8, 60 - (1976 No. 46 Sp. - McWilliam J. - 4/7/77). Bank of Ireland Finance Ltd. v. Rockfield Ltd. Sham Transfer — Private company - Restrictions on transfer - Defendant being majority shareholder - Defendant contracting to sell all shares to plaintiff - Impossibility - Plain- tiff seeking specific performance - Breach of warranty of authority - Defendant's share- holding to be offered to other shareholders - Interim judgment - (1977 No. 2489P - Kenny J. - 27/4/78). Lee A Co. (Dublin) Ltd. v. Egan (Wholesale) Ltd. Winding up Creditor - Fraudulent preference — Creditor's assertion that he bought assets im- mediately before appointment of receiver — Winding up within six months of appoint- ment — Held on facts that sale, if otherwise valid, was a fraudulent preference of creditor - Companies Act, 1963, s. 286 -(1977 No. 2243P - Costello J. - 9/5/78). Kelleher v. Continental Irish Meat Ltd. Winding np Order of court — Effect — Employees' con- tracts of employment — Whether order terminated employments — Business of company continued by provisional liquidator under order giving him express authority to do so — Employments not terminated — (1978 No. 95 Sp. - Hamilton J. - 11/7/78). Donnelly v. Gleeson. Provisional list - Objection - Sale of land subject to consent of Land Commission — Consent not forthcoming — Express term avoiding contract of sale in that event — Former purchaser not entitled to object to acquisition of land by Land Commission — Decision of High Court (24/5/77) affirmed - (243/77 - Supreme Court 16/11/78). The State (Callaghan) v. Irish Land Commission. CONFLICT OF LAWS Custody Infants - Irish parents - Marriage in England where they lived 20 years - Husband having Irish domicfl of origin — Return to Ireland with children - Order of English court awarding care of children to wife - Father seeking custody in Ireland - Jurisdiction of High Court not ousted - (1978 No. 336 Sp. - Doyle J. - 5/7/78). Trade Union - Union wishing to obtain introduction of scheme for retirement of dockers at age of 65 years with pension scheme - Scheme affecting plaintiff's continued employment — Refusal of defendants to work with plaintiff after his 65th year - Plaintiff's claim for damages - Union's motive to benefit dockers generally rather than to injure plaintiff - Judgment for White v. White. CONSPIRACY Motive COMPULSORY ACQUISITION Land Acts

Prison. Statute

CONSTITUTION Criminal Charge

Validity - Political party - Elections - Registration of new political party - Equality before the law - Discrimination - Statutory requirements for registration - Requirements reasonable - Appeal Board — Membership - Electoral Act, 1963 - (19/72 - Supreme Court - 11/5/78). Lqftus v.' The Attorney General. CONTRACT Illegality Enforcement - Sale of land - Specific per- formance — Equitable remedy refused — (1975 No. 4044P - McWUliam J. - 24/5/77). Starling Securities Ltd. v. Woods. IDegallty Onus of proof - Defendant seller failing to discharge onus of proving that performance of contract involved smuggling potatoes across border — Judgment for plaintiff - Damages - (1976 No. 376 IP - Finlay P. - 23/2/78). Whitecross Potatoes v. Coyle. Mistake Setting aside - Agreement for lease - Term of five years with option for furtherfive years - Rent being approximately market rent - Lessor choosing not to be advised by solicitor - Lessee preparing agreement - Fraud and undue influence not proved by lessor - Lessor's claim dismissed -(1977 No. 4136P - McWilliam J. - 25/11/77). Mulligan v. Stewart. Rescission Fraud - Whether restitutio possible - Deceit by agent of defendant seeking rescission — Plaintiff not party to contract - Plaintiff acting as agent of defendant in transaction with third party - Rescission not appropriate remedy - (204/77 - Supreme Court — 21/7/78). Northern Bank Finance v. Charlton. Terms Payment - Defendant's cattle stored by plaintiff during winter months - Claim for cost of foodstuff supplied - Defence based on allegation of fraudulent overcharging not sub- stantiated. by evidence - Judgment for plaintiff - Counterclaim dismissed - (1976 No. 1563 - D'Arcy J. - 30/6/78). Herbst v. MeMn. Terms Payment - Whether defendant had agreed to pay by instalments, as the work progressed, the cost of repairs effected by plaintiff on defendant's boat - Held on facts that plaintiff entitled to judgment for amount of instalment claimed - (1974 No. 1137 - Finlay P. - 31/7/78). Verolme Dockyard Ltd. v. Shannon Atlantic Fisheries. Validity Husband and wife - Separation agreement - Plaintiff claiming declaration that agreement void - Allegations of drunkeness, mistake, non est factum, undue influence and un- conscionable bargain not supported by facts found - Plaintiff's claim dismissed - (1977 No. 2648P - Costello J. - 10/4/78). W. v. W.

Trial by Jury - Offence carrying penalty of £100 fine and confiscation of fishing gear - Not a minor offence - Fisheries (Consolidation) Act, 1959, s. 221 - (1977 No. 1809P - McWilliam J. - 10/2/78). Kostan v. Ireland. Personal rights Bodily integrity - Medical treatment of con- victed prisoner - Prisoner's allegation that treatment unsuitable - Valid warrant in execution of lawful sentence - Procedure under Article 40, s. 4, sub-s. 2. of Con- stitution inapplicable - Applicant detained in accordance with law - (59/78 - Supreme Court - 24/7/78). The State (McDonough) v. Governor qf Mountjoy Prison. Personal rights Education - Teachers strike - Dispute between managers and teachers - Right of child to receive free primary education - State providing transport to enable child to attend neighbouring national school — No failure by State to discharge its constitutional duty to child - (1977 No. 1945 - McMahon J. - 21/7/78). Crowley v. Ireland. Personal rights Exercise - Effect —Interference with con- stitutional right of others - Whether exercise of constitutional right limited - (1977 No. 1945P - McMahon J. - 21/7/78). Crowley v. Ireland. Personal rights Liberty - Detention of suspect - Criminal law — Apart from Emergency Powers legislation, no lawful ground for detaining suspect in custody for purpose of questioning him - (18/78 - C.C.A. - 11/12/78). The People (DJ>J>.) v. O'Loughlin. Personal Rights Right to earn a livelihood - Trade Unionist - Trade union wishing to obtain introduction of scheme for retirement of dockers at age of 65 with pension rights - Scheme affecting plain- tiff's continued employment - Defendants refusing to work with plaintiff after he had attained age of 65 years - Bona fide inten- tion of trade union to benefit dockers generally rather than to injure plaintiff - Plaintiff's constitutional right not infringed - (1976 No. 5632P - Finlay P. - 15/3/78). Rodgers v. Irish Transport A General Travel - Illegitimate infant - Right to travel outside State - Right to passport - Right exercisable on initiative of natural mother - Exercise ofright subject to welfare of infant - Refusal of Minister to issue passport - Decision quashed on certiorari - Portions of s. 40 of Adoption Act, 1952, invalid, - Constitution of Ireland, Article 40 - (1978 No. 50 SS - Finlay P. - 29/5/78). M. v. Minister for Foreign Affairs. Prison Discipline - Punishment imposed by Prison Governor in accordance with regulations - Limited function and power of a judicial nature in a matter other than a criminal matter - Punishment not contrary to Con- Workers Union. Personal Rights

4