Corley v Gill

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 21 July 1977
• Neutral Citation: 1975 WJSC-SC 648
• Docket Number: (34-1977),[S.C. No. 173 of 1975]
• Date: 21 July 1977

Corley v Gill

COURT

LANDLORD AND TENANT ACTS 1931 TO 1971

THOMAS P. CORLEY, RAYMOND McLOUGHLIN and ALBERT D. CAPRANI ON BEHALF OF BELGROVE FOOTBALL CLUB

Applicants

and

JOHN GILL

Respondent

1975 WJSC-SC 648

(34-1977)

THE SUPREME COURT

1 Judgment delivered 21st July 1977 KENNY J.:(nem diss)

2 By a lease of 14th August 1953 Edward K. Vernon let to Montague Burton Tailoring Company Limited ("the Company") a field at Mount Prospect Avenue, Clontarf, in the County of the City of Dublin described on the map attached to the lease for 10 years from 29th September 1951 at the yearly rent of £80. The lease contained this covenant by the Company: "The Lessees shall keep and use the field hereby demised for the sole use and purpose of playing the games of football, hockey, lawn tennis, cricket, croquet and putting and field sports including the games of Gaelic football, hurley, camogie or such other games as might be approved of by the Lessor but not for the purpose of holding or permitting any public meetings or other purposes."

3 The field was used by the employees of the Company for some years for sporting purposes. On 20th April 1957 the Company with the consent of Edward K. Vernon assigned the field to Raymond McLoughlin, Thomas P. Corley and Malachi Grant "as trustees for and on behalf of the Belgrove Football Club" ("the Club") for the residue of the term of 10 years subject to the covenants in the lease. The trustees were elected by a special general meeting of the Club held early in 1957 for the purpose of taking the assignment. The Club is and has been at all times an unincorporated body. Its rules made no provision for trustees or their election. From the time of this assignment the members of the Club have used the field for the purpose of playing football.

4 After the term of years created by the lease of 1953 had terminated, the members of the Club continued to use the field as a football ground and the rent was paid regularly. In 1959 Malachi Grant resigned as a trustee and Albert Caprani was elected by the members of the Club to be a trustee in his place but no assignment of Malachi Grant's interest in the lease was ever made.

5 After the expiration of the term of years granted by the lease, Raymond McLoughlin, Thomas P. Corley and Albert Caprani ("the applicants") continued to hold the field and the pavilion built on it as tenants from year to year at the rent of £80 until the end of the period specified in a notice to quit which was served on them on 5th July 1973 and was expressed to expire on 29th September 1974. They have at all times acknowledged that they hold the field and pavilion as trustees for the members for the time being of the Club which has expended more than £1,200 on the buildings now on the field.

6 On 4th May 1973 the applicants applied to the respondent for a sporting lease under s.3 of the Landlord and Tenant (Amendment) Act 1971("the Act of 1971"). This request was refused and an application for such a lease was then brought in the Circuit Court where it was dismissed. The applicants appealed to the High Court where Mr. Justice Murnaghan stated this Case for the opinion of this Court on two questions.

7 The purpose of the Act of 1971 was, as it is expressed in its long title, "to amend the law...