The Gazette 1990

GAZETTE

JULY/AUGUST

1990

Correspondence

pending comp l e t i on. The Council's requirements were that they would attend to the stamping and registration of both the Transfer Order and the mortgage of the building society and to furnish the appropriate letter of under- taking to that effect. 2. The Council official requested sight of the building society loan cheque which was made out in my client's favour. I explained that my client would endorse it to the Council but the official felt he should check the suggestion w i t h the Council's Cash Office. He left the room and returned shortly afterwards to say that the Cash Office would not take such an endorsed building society cheque but they would take a building society cheque drawn directly in favour of the Council. I pointed out the legal reality that this amounted to the same thing - to no avail. 3. I then went to the Council's Law Agent's office to see if the

legal ramifications of the Bills of Exchange Acts could be conveyed to the Cash Office, but despite the good offices from that quarter it appeared that no one in the Cash Office seemed to have the power to make a decision to accept an endorsed building society cheque. 4. As I was holding the building society cheque in favour of my client in trust pending com- pletion I was not in a position to negotiate it for a bank draft in favour of the Council without prior approval of the building society. Unfortunately, my initial efforts to contact the building society solicitors by telephone from the Council's offices were not successful, as the solicitor concerned was not in. 5. My stunned client was by now very upset. We left the Council's offices together and went directly to the building society solicitors' o f f i ces where they took the building

The Editor, Law Society Gazette, Blackhall Place, Dublin 7.

13th February 1990

Saga of a Closing

Dear Sir, I wish to recount the story of a particular closing w i th Dublin County Council where a house was being sold to my client by way of a new Transfer Order under the Tenant Purchase Scheme, with my client funding the purchase by means of a building society loan. My hope is that the telling of the tale may result in a change for the better. 1. Accompanied by my client I attended at the Council's offices for a 9.30a.m. appoint- ment to complete the trans- action. I was in possession of the building society's loan cheque which I held in trust

MR. JUST ICE T. F. ROE Mr. Justice T. F. (Frank) Roe retired as President of the Circuit Court in May, and many tributes were paid to him when he sat for the last time in Dublin on Friday, 18th May 1990. Ernest Margetson, President of the Law Society, and Nial Fennelly, S.C., Chairman of the Bar Council, both referred to Mr. Justice Roe's humanity, compassion and understanding and to the efficient manner in which the business of the Circuit Court had been administered under his Presidency. Tributes were also paid by representatives of the Dublin Solicitors' Bar Association, the Court Registrars, the Chief State Solicitor's Office, the Gardai and the Probation and Welfare Service. In responding, Mr. Justice Roe thanked everyone who worked and co- operated with him over his years as a Judge including barristers, solicitors, registrars, the Gardai, stenographers, Four Courts' maintenance and supervisory staff, and, particularly, by name, his court crier, Mr. Paddy Nugent. ^ (Photographs - courtesy Irish TimesI

MR. JUST I CE PETER O'MALLEY New President of the Circuit Court Mr. Justice Peter O'Malley has been appointed President of the Circuit Court in succession to Mr. Justice Frank Roe, who retired in May. Mr. Justice O'Malley has been a judge of the Circuit Court since 1971 and for many years was on the Midland Circuit before moving to the Dublin Circuit four years ago. He was born in Galway where his father was professor of surgery in UCG. He was called to the Bar in 1944 and took silk in 1963. He is married with six children.

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