O'Driscoll v Cork County Council and Another

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 22 February 1950
• Docket Number: (1949. No. 1485.)
• Date: 22 February 1950

O'Driscoll v. Cork Co. Council and Another

In the Matter of the Labourers Acts, 1883 to 1948,and in the Matter of the Housing) (Financial and Miscellaneous Provisions) Act, 1931, and in the matter of the Housing (Financial and Miscellaneous Provisions) Act, 1932, and in the Matter of the South Cork County Health District (Compulsory Purchase) Order, 1948.Between JOHN O'DRISCOLL and WILLIAM O'DRISCOLL, Plaintiffs, and THE COUNCIL OF THE COUNTY OF CORK and THE MINISTER FOR LOCAL GOVERNMENT

Defendants.

(1949. No. 1485.)

Practice - Local government - Proceedings to quash compulsory purchase order - Procedure - Whether summary summons competent - Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932), s. 20 - Housing (Amendment) Act, 1948 (No. 1 of 1948), ss. 42, 43 - Rules of the High Court and Supreme Court, 1938, Or. IV.

Proceedings brought under s. 43 of the Housing (Amendment) Act, 1948, to quash a compulsory purchase order made by a local authority under s. 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932, may not be instituted by summary summons.

So held by Gavan Duffy P.

Summary Summons.

By virtue of the South Cork County Health District (Compulsory Purchase) Order, 1948, made under the provisions of s. 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932, the defendants, acting in execution of the Labourers Acts, acquired compulsorily certain lands, the property of the plaintiffs or either of them. The Order was duly confirmed by the Minister for Local Government pursuant to art. 4 of the Third Schedule to the said Act, as amended by s. 42 of the Housing (Amendment) Act, 1948. The plaintiffs, by summary summons, instituted proceedings to quash the compulsory purchase order in so far as it related to land owned by them or either of them, and claiming an order under s. 17 of the Housing (Financial and Miscellaneous Provisions) Act, 1931, that the compulsory purchase order should be quashed generally in so far as it affected the said lands.

At the hearing before Gavan Duffy P., counsel on behalf of the...