Duffy v Cavan County Council

• Jurisdiction: Ireland
• Judge: Mr. Justice McMahon
• Judgment Date: 06 November 1979
• Neutral Citation: 1976 WJSC-HC 1346
• Date: 06 November 1979
• Court: High Court

1976 WJSC-HC 1346

THE HIGH COURT ON CIRCUIT

IN CIRCUIT COUNTY OF CAVAN

Duffy v Cavan Co Council

BETWEEN:

JOHN DUFFY

Applicant

and

THE COUNTY COUNCIL OF THE COUNTY OF CAVAN

Respondents

CRIMINAL INJURIES

Compensation

LOCAL GOVT

Malicious injury

Mr. Justice McMahon

1 The applicant brought proceedings under the Malicious Injury Code in the Circuit Court County Cavan for Malicious damage committed to his motor car on the 14th of February 1976. The Circuit Court Judge made an award of £300 compensation part of which was in respect of depreciation in the value of the car. The issue on this appeal is whether that sum is recoverable under the Malicious Injury Code. It is agreed that the physical damage to the car was completely repaired so as to restore it to its previous condition but as a repaired car the value of it was less by £40 than the value it would have been had it never been damaged. Counsel for the applicant relied upon the judgment of the Chief Justice Cearbhal O'Dalaigh in Rexi Irish Mink .v. Dublin County Council( 1972 I.R. 123) and submitted that this depreciation is recoverable because it is the direct result of the malicious act and compensation can be recovered for non-physical damage to tangible property. Counsel further submitted that the loss could not in any way be regarded as consequential loss. On behalf of the County Council it was contended that once the physical damage committed by the malicious act had been fully repaired the claim under the Malicious Injury Code was fully satisfied.

2 To qualify for compensation under the Malicious Injury Code there must be damage done to some tangible property by an act which has a physical effect on the property injured but the right to compensation is not confined to the physical injury and extends to non-physical damage. InPurcells Case ( 1939 I.R. 115) the damage was the destruction of the applicant's property in captive eels by their release. In Rexi Irish Mink .v. Dublin County Council ( 1972 I.R. 123) the damage consisted in the loss of value of the mink animals by their release as a result of which there was a loss of the recorded identity of the mink and this identity was necessary if they were to be of any value for breeding.

3 The depreciation in the value of the applicant's car is the direct consequence of the malicious damage done to it. The immediate result of the malicious act was...