Dublin Corporation v Carroll

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1988
Date01 January 1988
Docket Number[J.R. 1987 No. 137]

High Court

[J.R. 1987 No. 137]
Dublin Corporation v. Carroll
The Right Honourable The Lord Mayor, Aldermen and Burgesses of Dublin
Applicant
and
His Honour Judge James Carroll
Respondent

Cases mentioned in this report:—

McCarthy v. Limerick Corporation (Unreported, Circuit Court, Judge Gleeson, 25th November, 1986).

Gardiner v. Dublin Corporation (Unreported, Circuit Court, Judge Clarke, 21st June, 1987).

Conaty v. Tipperary (North Riding) County Council (Unreported, Circuit Court, Judge Sheridan, 6th February, 1987).

Malicious injuries - Limitation period - Statutory construction - Malicious Injuries Act, 1981 (No. 9), ss. 8, 14 and 23.

Judicial Review.

On the 11th April, 1983, Murdon Ltd. served on the applicant a preliminary notice of intention to apply for compensation (Form A) for malicious damage to property on the 6th April, 1983, to the value of £20,000. Proceedings by application were commenced in the Dublin Circuit Court on the 22nd May, 1986. By notice of motion dated the 24th October, 1986, Murdon Ltd. applied to the Circuit Court to extend the time for filing of the application, which order was granted by the respondent on the 15th December, 1986.

On the 25th May, 1987, the High Court (Johnson J.) pursuant to an ex parte motion of the applicant granted an order that the applicant do have leave to apply for an order of certiorari by way of judicial review and directed that the application for judicial review be made by originating notice of motion and that its order and all further proceedings be served on behalf of the respondent on the Circuit Court registrar for the County of Dublin, and also on the solicitors for Murdon Ltd., notice party. A statement of grounds for judicial review was filed on the 25th May, 1987, by the applicant and on the 8th July, 1987, grounds for opposing judicial review were filed by the respondent. Pursuant to originating notice of motion dated the 5th June, 1987, the matter came on for hearing on the 17th July, 1987.

Section 8, sub-s. 1 of the Malicious Injuries Act, 1981, provides that "A person seeking compensation under this Act shall, within fourteen days after . . . the damage was caused . . . serve . . . preliminary notice . . . of his intention to apply for compensation."

Section 23 of the Act of 1981 provides:—

"(1) Proceedings under this Act shall not be commenced after the expiration of three years from the date on which the cause of action accrued.

(2) A cause of action under...

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1 cases
  • Cork County Council v Whillock
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...Citations: MALICIOUS INJURIES ACT 1981 S23 MALICIOUS INJURIES ACT 1981 S23(2) MALICIOUS INJURIES ACT 1981 S14 DUBLIN CORPORATION V CARROLL 1987 IR 401 MALICIOUS INJURIES ACT 1981 S8 MALICIOUS INJURIES ACT 1981 S14(3) STATUTE OF LIMITATIONS 1957 S49(1) INTERPRETATIN ACT 1937 S11 GANLEY &......

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