The Gazette 1978

Covenant Repair - Implied term - Overholding tenant - Provisions of s. 33 of Landlord and Tenant Act, 1931, not applicable -(1978 No. 19 IP - Kenny J. - 18/7/78). Whelan v. Madlgan. Covenant Repair - Lessor's alleged breach - Collapse of part of structure of building - Latent defect — Lessor having power to re-enter to inspect premises - Lessor not given notice of state of disrepair - Defect not discovered by lessee and not discoverable by lessor even if he had inspected - Judgment for defendant lessor - (1973 No. 2163P - Finlay P. - 22/2/78). Olympia Productions v. Olympia Theatre. Covenant Repair - Structural defect - Disrepair due to such defect - Defect in existence at date of lease - Covenant not applicable - (1978 No. 19 IP - Kenny J. - 18/7/78).. Whelan v. Madlgan. Ityeetment Lease - Expiration of term - Leasee's know- ledge that term of 2 years and nine months designed to enable lessor to regain possession at end of term — Defence alleging collateral agreement enabling lessee to overbold — Variation of written agreement - Defence not established by evidence - Decree for possession - (1978 No. 263 - McWilliam J. - 16/6/78). DJtM. Trust v. F. K. Ltd. Lease "Month" - Meaning - Option clause - Common law presumption that lunar month intended - Decision of Costello J. (6/12/77) affirmed - (27/78 - Supreme Court - 24/7/78). Vone Securities v. Cooke. Lease Rent - Review - Term of 21 years with covenant for review every seven years — Review rent to be amount obtainable in open market - Lease of basement premises - Lessor being occupier of groundfloor of same building - Held lessor to be excluded from class of potential lessees for purpose of fixing rent to be assessed on review - (1978 No. 26 SS. - Costello J. - 25/4/78). Macey Ltd. v. Tylers Ltd. New tenancy Reversionary lease — Applicant holding under four sub-leases of adjoining {dots - No permanent buildings on orange plot save extremity of buildings erected on other three (dots — Land of orange (dot subsidiary and ancillary to buildings on other three plots only - Applicant not entitled to refersionary lease of orange plot - Landlord and Tenant (Reversionary Leases) Act, 1958, s. 4 - (140/77 - Supreme Court - 15/11/78). Southern Health Board v. Reeves-Smith. Notice - No particular period required - Licensee working quarry - Right to remain in occupation for reasonable time after revocation - (1976 No. 4328P - McWilliam J. - 12/4/78). Law v. Murphy. LOCAL GOVERNMENT Graveyard Fence - Breach of statutory duty to fence LICENCE Revocation

burial ground - Cattle trespassing on defendant's land - Cattle injured - No cause of action for breach - (1976 No. 2535P - Gannon J. - 23/1/78). Walsh v. Kilkenny County Council. Planning Appointed day - Development - Quarry works after appointed day being materially greater in nature and extent than before that day - Unlawful development established and prohibition order made - (1977 No. 6215P - Costdlo J. - 4/3/78).. Patterson v. Murphy. Planning Permission - Change of user - Habitable house — Planning authority refusing to con- sider grant of permission until applicant had also applied to housing authority for per- mission under s. 2 of Housing Act, 1969 - Held that change of use was required by applicant for academic purposes under private Act and that Act of 1969 inapplicable - (1975 No. 413 Sp - Hamilton J. - 23/6/78). University College, Cork v. Corporation of Cork. Planning Permission - Conditions — Validity — Prohibition against building before expiration of three years from date of permission — Permission given on 5th February, 1975 - Purpose bong to allow time for provision for adequate sewerage facilities in the area — No certainty that condition would achieve purpose - Condition held valid by High Court (1/4/77) - Condition spent when appeal heard on 27th February, 1978 - Appeal dismissed — (113/74 — Supreme Court - 24/4/78). Kllliney A Ballybrack Development Association v. Minister for Local Govern- ment. Planning Prohibition order - Quarry Works - Unlaw- ful development - Jurisdiction of High Court - (1977 No. 6215P - CostcOo J. - 4/5/78). Audi alteram partem — Family planning booklet — Condemned as indeoent or obsccne by Censorship Board - Prohibition of tale and distribution - Decision taken without notice to publisher or author - Board having discretion to give notice in appropriate cases - Appropriate case for notice to have been given - Prohibition invalid - Decision of Hamilton J. (1/7/77) affirmed - (198/77 - Supreme Court - 27/7/78). Irish Family Planning Association v. Ryan. Office bolder Dismissal - Commissioner of Garda Siochina - Peremptory dismissal by Govern- ment not authorised by s. 6 of Police Force Amalgamation Act, 1925 -(1978 No. 98IP - McWilliam J. - 31/10/78). Garvey v. Ireland. !!•!• n •• rrisun Discipline - Whether necessary to give prisoner notice of charges being made against him— Interest of officer imposing punishment - (1977 No. 363 SS - McMahon J. - 6/3/78). The State (Fagan) v. Governor of Mountfoy Prison. Trial Audi alteram partem - District Court - 7 Patterson v. Murphy. NATURAL JUSTICE Censorship

INJUNCTION Interlocutory

Lease - Breach of covenant by leasee - Business premises - Lessee permitting licensee to sell toys on premises during Christmas season - Injunction granted - (1978 No. 7033P - McWilliam J. - 30/11/78). Green Property Co. Ltd. v. Shalatne Modes Ltd. Remedy Discretion - Nuisance - Lime processing and blasting at quarry — Nuisance abated — Damages awarded - Injunction refused - (1977 No. 156IP - McWilliam J. - 14/4/78). Malone v. Clogrennane Lime Co. Insurer's duty - Statutory duty to keep records of certain specified information — Regulations purporting to impose on insurer duty to furnish "any information" required by police - Insured's natural right to privacy - Strict interpretation of penal enactment — Conviction for failure to supply information not specified - Conviction ultra vires — (1977 No. 539 SS - Doyle J. - 21/2/78). Murphy v. P.M-PA. Insurance Co. INSURANCE Information Criminal case — Duty to explain defence clearly to jury - Absence of adequate explanation - Retrial ordered - Charge of obtaining goods by false pretences — Buyer's cheque dishonoured - Seller's title doubtful - (19/78 - C.C.A. - 11/12/78). The People v. Shanahan. Objection - Sale of land subject to consent of Land Commission - Consent not forth- coming — 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. LANDLORD A TENANT Covenant Insurance - Reinstatement - Premises destroyed by fire - Covenant by defendant lessee to insure and reinstate premises - Cost of reconstruction - £19,000 damages awarded to plaintiff lessor - (1973 No. LAND ACTS Provisional fist Quiet eqjoyment - Proof required of physical interference with eqjoyment of premises — (1978 No. 191P - Kenny J. - 18/7/78). Whelan v. Madtgan. Covenant Repair - Exception of fair wear and tear - (1978 No. 19 IP - Kenny J. - 18/7/78). Whelan v. Madlgan. INTIMIDATION Tort Damages — Intimidation not successful — Damages not recoverable - (1978 No. 19 IP - Kenny J. - 18/7/78). Whelan v. Madtgan. JURY Judge's charge 2646P - MWflliam J. - 6/6/78). Taylor v. Moremlles Tyre Service. Covenant