Attorney General v Southern Industrial Trust Ltd and Another

Judgment Date01 January 1960
Date01 January 1960
CourtSupreme Court
Southern Industrial Trust Limited and Another

Car subject to hire-purchase agreement - Car exported by owner - No licence for exportation - Balance of hire-purchase price due to hire-purchase company - Car the property of hire-purchase company - Proceedings by Attorney General upon information for condemnation of car - Whether proceedings criminal or civil -Customs (Temporary Provisions) Act, 1945, s. 5 (1).

  1. S. purchased a motor car at the end of 1950. The transaction was financed by I. T. Ltd. a hire-purchase company, the amount advanced to S. being repayable by him by monthly instalments. Wishing to export it temporarily he joined the A.A. and obtained a Tripty que for exportation of the car to Great Britain via Northern Ireland, and duly exported the car to Great Britain via Northern Ireland. In his application for membership of the A.A. S. gave an Eire address as his private and business address. In his application for the Tripty que he gave the same address as his permanent home address. He also declared that he had no domicile in Great Britain or Northern Ireland, that he was resident in Eire and that he had been so resident for the past half-year. In fact S. had spent only a period of ten days or a fortnight in the address he had given in Eire. He ceased paying the hire-purchase instalments when he still owed the company £46 18s. 3d. The car was, on the advice of the A.A., brought back to Eire where it was seized by a Customs Officer on the grounds that he suspected that it had been unlawfully exported from Eire in the first instance. At this time the Company were the owners of the car. The Company claimed the return of the car and the Attorney General brought proceedings by way of information for the forfeiture and...

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48 cases
  • Murphy v The Revenue Commissioners
    • Ireland
    • High Court
    • 12 May 2016
    ... ... another was something for which he did not accept any ... Counsel for the applicants accepts the general principle that excludes judicial review where a ... Revenue Commissioners, Ireland and the Attorney General [2008] IEHC 397 , in that regard ... v. Southern Industrial Trust Limited & Simons [1957] ... ...
  • J & J Haire Company Ltd and Others v Min for Health and Others
    • Ireland
    • High Court
    • 17 December 2009
    ...J., in Foley v. Irish Land Commission (1952) I.R. 118 at page 153 approved by Lavery J. in Attorney General v. Southern Industrial Trust 94 I.L.T.R. 161 is very apposite to the second branch of the arguments advanced on behalf of the Plaintiffs here. He 241 'The argument put before the Cour......
  • The Health (Amendment) (No. 2) Bill 2004
    • Ireland
    • Supreme Court
    • 16 February 2005
    ...of Public Works [1985] ILRM 364, Dreher -v- Irish Land Commission [1984] ILRM 94 and to Attorney General -v- Southern Industrial Trust (1957) 94 ILTR 161.The effect of the Bill is to abolish the right in its entirety and without any compensation. Reference was made to Hamilton -v- Hamilton......
  • Gilligan v Criminal Assets Bureau
    • Ireland
    • High Court
    • 26 February 1997
    ...Act were civil or criminal in nature. They referred to the cases of Attorney General v Southern Industrial Trust Limited and Simons (1960) 94 ILTR 161 and to Goodman v Hamilton (No 1) [1992] 2 IR 542. In the latter case the Applicant sought to prohibit a Tribunal of Enquiry from embarking u......
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2 books & journal articles
  • Using Civil Processes in Pursuit of Criminal Law Objectives: A Case Study of Non-Conviction-Based Asset Forfeiture
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 16-4, October 2012
    • 1 October 2012
    ...(No. 1) (1979–80) 1 EHRR 647.54 372 US 144 (1963).55 Campbell, ‘Theorising Asset Forfeiture in Ireland’, above n. 16 at 448.56 [1960] 94 ILTR 161.57 [1988] IR 326. 348 THE INTERNATIONAL JOURNAL OF EVIDENCE & PROOF USING CIVIL PROCESSES IN PURSUIT OF CRIMINAL LAW OBJECTIVES demonstrate that ......
  • The proportionality test: present problems
    • Ireland
    • Irish Judicial Studies Journal No. 1-8, January 2008
    • 1 January 2008
    ...I.R. 501; Buckley v. The Attorney General [1950] I.R. 67; O’Donovan v. The Attorney General [1961] I.R. 114. 4[1939] I.R. 413. 5 (1964) 94 I.L.T.R. 161. 6 [1940] I.R. 470. The Canadian test from which Heaney was derived was set out in R v. Oakes [1986] 1 S.C.R. 103. 7[1994] 3 I.R. 593. 2008......

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