Estate of Sir C. M. Domville; Application of Gerald Tench

• Jurisdiction: Ireland
• Judgment Date: 01 January 1930
• Date: 01 January 1930
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.]

Estate of Sir C. M. Domville

Application of Gerald Tench

Application by proprietor for an advance to redeem rent - Order by Judicial Commissioner fixing redemption price, but not ordering that rent be redeemed -Delay by owner of lands in lodging title with Land Commission - Proprietor of parcel moving to withdraw his application for an advance -Motion refused - Appeal - Discretionary order -Jurisdiction of Supreme Court to hear appeal -General right of appeal under Art. 66 of the Constitution - Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Art. 66 - Land Act, 1923 (No. 42 of 1923), s. 38.

T., the proprietor of a parcel of untenanted land within s. 38 of the Land Act, 1923, applied for an advance for the purpose of redeeming the rent payable by him. The Judicial Commissioner fixed the redemption price by order, dated the 24th June, 1924, but did not order that the rent be redeemed. T., being dissatisfied with the amount at which the redemption price was fixed, wrote to the Land Commission some weeks later for leave to withdraw from the purchase, and was informed that he could serve notice of motion to that effect. But he did not then do so. In 1926 the owner lodged his title with the Land Commission. On the 7th March, 1928, T.applied to the Judicial Commissioner for an order rescinding the redemption price fixed as aforesaid, and for liberty to withdraw his application. The Judicial Commissioner refused the application. Held, that the order appealed from was a discretionary order, which ought not to be interfered with on appeal unless it was contrary to law or involved a miscarriage of justice; and as it was not contrary to law, and did not involve any miscarriage of justice, the appeal must be dismissed, the Court assuming that the...