Cahir v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 29 April 1925
• Date: 29 April 1925
• Court: Supreme Court (Irish Free State)

Supreme Court.

Cahir v. Minister for Finance

MICHAEL CAHIR

and

THE MINISTER FOR FINANCE (1)

Malicious injury - Right of appeal - "Party" - Minister for Finance - Claim for compensation - Forcible seizure of farm - Loss of grazing - Grass consumed by cattle of trespassers - Exclusion of compensation for consequential loss - Loss of the use of the property injured - Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37), sect. 5 - Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), sects. 5 and 6 -Courts of Justice Act, 1924 (No. 10 of 1924), sect. 61.

Appeal from an order of the High Court dated March 12th, 1925, affirming with costs the decision of the Circuit Judge awarding compensation to the respondent under the Damage to Property (Compensation) Act, 1923.

The respondent, Michael Cahir, claimed £1,000 compensation for the forcible seizure and grazing of a farm of 334 Statute acres, his property, situate at Faunrusk, County Clare, during the period July 11th, 1921, to May 12th, 1923. The application

was heard by Judge M'Elligott K.C., Judge for the South-Western Circuit.

In November, 1920, the respondent had put 88 head of cattle on the lands. He was then fired at and ordered to take the cattle away. The cattle were turned out on the road, and from that time until January, 1924, he was unable to put any cattle of his own on the lands. During that interval other parties had, as trespassers, put between 150 and 200 cattle to graze upon the lands. The applicant estimated that the grazing of the lands was worth £280 per annum to him, less the Land Purchase annuity and the rates, amounting to £90. During the time he had been out of possession he had to pay the rates. The Circuit Judge awarded £340 compensation. From that judgment the Minister for Finance appealed to the High Court. The appeal was heard by Sullivan P. and O'Shaughnessy J., and the Court being divided in opinion on the point as to whether the Minister for Finance had a right of appeal, the decree of the Circuit Judge was affirmed, in pursuance of the provision to that effect contained in sect. 61 of the Courts of Justice Act, 1924 (No 10 of 1924) (1). From that order the Minister for Finance appealed to the Supreme Court.

By sect. 5 of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), the Minister for Finance is entitled to appear and be heard by solicitor, with or without counsel, and generally to take part in the hearing of every application under the Criminal Injuries Acts for compensation in respect of an injury to which Part II of the Act applies and every proceeding by way of appeal or case stated arising out of or following on any such application:

Held, having regard to the provisions of this section, that the Minister for Finance...